Asking for your pay, discussing your pay, or making a wage complaint. Oregon wage law prohibits employers from retaliating against employees for discussing their wages; making a wage claim; or asking or consulting with an attorney or agency about a wage claim. The attorneys at Schuck Law helped to clarify that this law protects claims for and complaints about unpaid wages made by employees to their employers, not just claims made to government agencies or filed in court. Schuck Law successfully pursued this issue through trial, appeal, and even a request to the U.S. Supreme Court to review the case, and ultimately prevailed in establishing that Oregon anti-retaliation law protects workers who make wage complaints to their employers. Brunozzi v. Cable Communications Inc., 851 F.3d 990, cert den 138 S.Ct. 167 (2017).
Illegal Employment Retaliation – Oregon Law
Illegal retaliation under state and federal law occurs when an employer takes an unfavorable employment action towards an employee because the employee engaged in a protected employment activity. This means the employee took an action in relation to the employment that the employee has a specific legal right to take. Many different state and federal laws designate certain kinds of employee activities as protected.
Protected employment activities can include things like voluntarily discussing your wages, asking your employer to pay wages or other compensation owed, or making a wage claim; using sick time or other protected leave time that you are entitled to use; requesting an accommodation for a disability or for pregnancy; making a workplace safety complaint; filing a workers’ compensation claim for a workplace injury; objecting to an illegal workplace policy or practice; reporting a crime; or filing a legal claim against your employer. The anti-retaliation laws that apply can also depend on whether you work in Oregon or in Washington (or both).
A protected employment activity isn’t necessarily the same as an action that the employer permits under its handbook or policies, although many Oregon employers do have written policies about employees’ rights under the law (like a discrimination-free workplace, or sick and medical leave time, or reporting workplace injuries and safety hazards). Generally, the law looks to whether the activity is specifically protected by an anti-retaliation law or is implicated as protected by law and state public policies.
These inquiries can be both law- and fact-specific. Employees don’t need to use any special words or phrases to “invoke” a legal employment right, but it’s also important that the employer has enough information to know that’s what the employee is doing. Some employment laws also set out more specific procedures for exercising and enforcing employment rights. These can include things like written documentation or notices to the employer, or requiring the employee to file a complaint with a state or federal agency before suing the employer in court over a retaliatory action. For all these reasons, Oregon employees who believe their rights have been violated shouldn’t delay in seeking legal advice.
Employer Retaliation Protections – Your Rights Are Protected
Oregon employees who have been negatively impacted in their employment because of retaliation for a protected activity may be entitled to legal remedies, including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation.
Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. At Schuck Law, our employment retaliation attorneys work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
If you believe you’ve experienced workplace retaliation or need guidance on your rights under Oregon’s employer retaliation protections, contact Schuck Law. Our attorneys are ready to review your case, explain your legal options, and fight to protect your rights.
Call 360-566-9243 today to schedule a free initial consultation.
Retaliation & Whistleblowing In Oregon
What is the difference between whistleblowing and reporting a workplace grievance?
Whistleblowing involves reporting violations of law or risks to public health or workplace safety. Generally, federal and state laws protect employees from retaliation for reporting illegal or unsafe conduct or conditions to a workplace superior or to an outside government agency (for example, OSHA), or for participating in a work-related investigation by a government agency. Other types of individual workplace disputes and grievances, like personality conflicts with coworkers or supervisors, disagreements over work assignments, or individual contract disputes may not qualify for whistleblower protection unless they involve broader legal or public safety issues or are motivated by illegal discrimination.
Am I still protected if my employer doesn’t act on my complaint?
Whether or not the employer addresses the suspected illegal or unsafe activity, or even finds that its conduct complies with the law, employees are still protected from retaliation for making a good-faith report of unsafe or illegal working conditions. The protection exists regardless of whether an investigation occurs, the wrongdoing is substantiated, corrective action is taken, or the employee’s report leads to any other outcome. A good faith belief that illegal or unsafe conduct or conditions occurred, reported to a person or agency who has the authority to take action, is typically sufficient for protection. This is true even if no further action is taken or if the report proves to be incorrect or unfounded.
Am I protected if I talk about my pay or ask for the pay I’m owed?
Yes. Employers cannot retaliate against employees for filing wage claims or exercising wage and hour rights. Retaliation for assisting coworkers with wage claims is also illegal. This can include things like sharing information about your wages or about wage and hour violations, participating in group complaints about unpaid wages, encouraging coworkers to report wage violations, or testifying as a witness in a wage claim investigation or proceeding. Protection extends to all employees who assist in wage claim activities, not just the primary employee making the claim.
Am I protected if I file a workers’ compensation claim?
Yes. Employers cannot retaliate against employees for reporting workplace injuries or filing a workers’ compensation claim. However, generally, an employer can still discipline an employee for violating workplace safety practices if the employee’s unsafe conduct caused a safety violation or a workplace injury.
Am I protected if I report illegal discrimination or retaliation against another employee?
Yes. Both federal and state laws protect employees from retaliation for reporting what they believe to be illegal discrimination, illegal retaliation, and other types of unlawful actions by the employer, even if the employee who makes the report wasn’t the original target of the employer’s unlawful acts.
Protected Actions Under Oregon Law
- Wage Complaints: Oregon Wage Law / Oregon Equal Pay Act
- Workplace Safety Complaints and Injury Reports: Oregon Workers’ Compensation Act / Oregon Injured Worker Law
- Protected Medical Leave Time: Oregon Sick Leave, Oregon Paid Family Medical Leave (Oregon PFMLA), Oregon Family Medical Leave (OFLA), and Oregon “Safe Leave”
- Disability and Pregnancy Accommodations: Oregon’s Law Against Disability Discrimination
- Discrimination Based on a “Protected Personal Characteristic”: Oregon’s Law Against Discrimination
- Other Illegal Employer Acts and “Whistleblower” Protection Laws
Oregon Whistleblower Protections
Oregon state employment laws protect employees’ rights to be safe from retaliation for protected actions including but not limited to:
Wage Complaints: Oregon Wage Law / Oregon Equal Pay Act
Workplace Safety Complaints and Injury Reports: Oregon Workers’ Compensation Act / Oregon Injured Worker Law
Making a workplace safety complaint or filing a workers’ compensation claim. The Oregon Safe Employment Act (OSEA) prohibits employers from retaliating against employees for making a workplace safety complaint, objecting to unsafe work practices, or filing a safety complaint with a state agency or in court. This law creates a presumption that a negative employment action by an employer within 60 days of an employee safety complaint is retaliatory. That means the employer has the legal burden of showing that its actions were taken for legitimate reasons, and not as retaliation against the employee. Similarly, the Oregon injured worker law prohibits employers from retaliating against employees for applying for workers’ compensation benefits or otherwise making use of workers’ compensation procedures, or for testifying in a workers’ compensation action. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
Protected Medical Leave Time: Oregon Sick Leave, Oregon Paid Family Medical Leave (Oregon PFMLA), Oregon Family Medical Leave (OFLA), and Oregon “Safe Leave”
Asking for or using sick time or protected medical or safety leave time. Oregon sick leave law, Oregon protected family medical leave law, and Oregon “Safe Leave” law all prohibit employers from retaliating against employees for asking about their rights to use sick leave, protected family medical leave (Oregon PFMLA or OFLA), or safety leave; requesting to use protected leave time; using protected leave to which they are entitled; requesting pay for paid sick leave that the employee has used; or participating in any legal proceeding related to Oregon protected leave time. Employees are generally entitled to return to the same job position, schedule, and pay after using protected leave time. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
Disability and Pregnancy Accommodations: Oregon’s Law Against Disability Discrimination
Requesting an accommodation for a disability, due to pregnancy, or for safety from domestic or sexual violence or hate crimes. Oregon’s laws against disability discrimination, pregnancy discrimination, and discrimination against survivors of domestic or sexual violence and hate crimes prohibit employers from retaliating against employees for asking about their rights to accommodations, for requesting an accommodation, or due to the need to provide accommodations. Employers also cannot force pregnant employees to accept changed job conditions as an unwanted “accommodation” for pregnancy, or to take an unwanted leave of absence due to a pregnancy. Employers also cannot retaliate against employees for participating in legal proceedings related to disability or pregnancy discrimination or disability / pregnancy accommodations. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
Discrimination Based on a “Protected Personal Characteristic”: Oregon’s Law Against Discrimination
Complaining about illegal discrimination based on a “protected personal characteristic.” Oregon anti-discrimination law prohibits employers from retaliating against employees for asking about or invoking their rights to be free from discrimination based on a “protected personal characteristic” (sex, race, color, religious beliefs, disability, national origin, age, sexual orientation / gender identity, or marital status / marital or family relationship); for objecting to employer policies or actions that discriminate based on a protected personal characteristic; or for requesting an accommodation for disability or for pregnancy. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
Other Illegal Employer Acts and “Whistleblower” Protection Laws
Complaining about other types of employer acts that the employee thinks are illegal. Oregon whistleblowing laws provide broad anti-retaliation protections to employees who make a good faith report of employer actions or policies that the employee believes to be illegal under any state or federal law or legal regulation, or who object to employer acts or work instructions that the employee believes are illegal. Protected actions can also include providing information or documents to law enforcement or a government agency, or to an attorney in order to seek legal advice or representation. It is also illegal for employers to retaliate against an employee for participating in a criminal investigation or a government agency inspection or investigation of the employer, or for bringing a legal claim against the employer. Additional rules and protections may also apply to government workers. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
Under Oregon law, employees who have been wrongfully fired or have suffered illegal retaliation may have legal claims against the employer for money damages, legal costs and fees, and other remedies.
The examples of “whistleblower” protections listed here aren’t exhaustive. For personalized guidance regarding employment law violations, consult with an experienced employment attorney.
Schuck Law: Protecting You From Employer Retaliation
If you believe your employer has retaliated against you by cutting your pay, denying promotions, or changing the terms of your employment because you engaged in a protected activity, the employment retaliation attorneys at Schuck Law may be able to help. Employees who have been fired, denied a promotion or pay raise, or otherwise suffered retaliation in their employment due to a protected activity may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation. Under these laws, employers are often also required to pay a successful employee’s legal fees and costs. At Schuck Law, our employment and wage recovery attorneys handle these cases on a contingency basis. That means we fight for your rights and pursue financial recovery at no out-of-pocket cost to you.
Call 360-566-9243 today to find out if Schuck Law can help you and to schedule a free phone consultation with our attorneys.