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Wrongful Termination Legal Rights
Summary
Termination after disclosing a medical condition may violate ada protections if reasonable accommodations were not considered. Paid leave oregon benefits may still be available post-termination if eligibility requirements are met. Filing a complaint with boli for retaliation or discrimination must be done within one year. Consult an employment attorney for personalized advice.Full Conversation
Garrett
Thank you, Garrett. Could you please share a brief description of the legal issue you're facing? This will help me provide the most relevant information for your situation in Oregon.
I started working for a company about 45 days ago. I was part time and recently promoted to full time. a couple weeks ago I broke my ankle. I informed my employer that i needed to be off of my ankle and not bear weight on it for * weeks. I further informed them I planned on applying for Paid Leave Oregon benefits to get by until i could return on the date specified by the orthopedic specialist. during a phone call HR tried to coerce me into resigning or voluntarily quitting, but i refused and said i didn't plan on quitting and that whatever happened was the companies decision. I was terminated, coerced to try to quit, and
I'm sorry to hear about your situation, Garrett. To clarify and assist better, did your employer provide a reason for your termination? Also, did you apply for Paid Leave Oregon benefits before or after the termination?
"As we discussed earlier today, because you are ineligible for any protected leave due to your medical condition, your employment with Southern Oregon Goodwill will be terminated effective today, */*/*."
Garrett, I'm sorry you're facing this situation. Here’s some general legal information that may help:
- **Oregon Sick Leave Law**: Employers with *+ employees (*+ in Portland) must provide paid sick leave. It may not apply if you worked only 45 days.
- **Paid Leave Oregon**: You may qualify for benefits if eligible, even after termination.
- **Americans with Disabilities Act (ADA)**: Employers may need to provide reasonable accommodations for medical conditions.
Did your employer explain why they deemed you ineligible for protected leave? This could clarify if there’s a potential violation.
- **Oregon Sick Leave Law**: Employers with *+ employees (*+ in Portland) must provide paid sick leave. It may not apply if you worked only 45 days.
- **Paid Leave Oregon**: You may qualify for benefits if eligible, even after termination.
- **Americans with Disabilities Act (ADA)**: Employers may need to provide reasonable accommodations for medical conditions.
Did your employer explain why they deemed you ineligible for protected leave? This could clarify if there’s a potential violation.
"As we discussed earlier today, because you are ineligible for any protected leave due to your medical condition, your employment with Southern Oregon Goodwill will be terminated effective today, */*/*.
You will be eligible for rehire should you desire to apply for a role in the future.
Please reach out if you have any questions.
Warm Regards,
Jen Trumm
Director of Human Resources"
Thank you for sharing the details, Garrett. Here's some general legal information that may apply to your situation in Oregon:
- **Paid Leave Oregon**: Benefits may still be available post-termination if you meet eligibility requirements. You should apply without delay.
- **ADA**: Termination after disclosing a medical condition might violate reasonable accommodation requirements.
- **Retaliation**: If termination followed your refusal to resign, it could raise concerns of coercion or retaliation.
Have you considered contacting the Bureau of Labor and Industries (BOLI) for guidance or filing a complaint?
- **Paid Leave Oregon**: Benefits may still be available post-termination if you meet eligibility requirements. You should apply without delay.
- **ADA**: Termination after disclosing a medical condition might violate reasonable accommodation requirements.
- **Retaliation**: If termination followed your refusal to resign, it could raise concerns of coercion or retaliation.
Have you considered contacting the Bureau of Labor and Industries (BOLI) for guidance or filing a complaint?
I'm looking for an attorney. when i find one ill take his advice to send a complaint to BOLI
Garrett, it’s good you’re considering speaking with an attorney. Here’s some general guidance:
- **BOLI Complaints**: In Oregon, complaints alleging discrimination or retaliation must typically be filed with BOLI within *one year* of the incident.
- **Attorney Search**: Consider finding an employment attorney experienced in ADA and retaliation cases.
Have you started applying for Paid Leave Oregon benefits yet?
- **BOLI Complaints**: In Oregon, complaints alleging discrimination or retaliation must typically be filed with BOLI within *one year* of the incident.
- **Attorney Search**: Consider finding an employment attorney experienced in ADA and retaliation cases.
Have you started applying for Paid Leave Oregon benefits yet?
I applied for paid leave oregon, i filed for unemployment. I printed out every email exchange between myself and HR. I wrote down a timeline of events and gathered all medical documentation, as well as writing down what i remembered from the phone call with HR after it happened.
Garrett, it’s good that you’ve taken proactive steps like applying for benefits and documenting everything. Here’s additional general information:
- **Documentation**: Your thorough records will be crucial if you pursue legal action or file a BOLI complaint.
- **Unemployment**: Filing for unemployment is appropriate after termination—ensure you meet eligibility criteria.
- **Paid Leave Oregon**: Continue monitoring your application and provide any requested information promptly.
Would you like guidance on finding an attorney or additional resources related to workplace rights?
- **Documentation**: Your thorough records will be crucial if you pursue legal action or file a BOLI complaint.
- **Unemployment**: Filing for unemployment is appropriate after termination—ensure you meet eligibility criteria.
- **Paid Leave Oregon**: Continue monitoring your application and provide any requested information promptly.
Would you like guidance on finding an attorney or additional resources related to workplace rights?
sure. I need to speak with one today. If the gentleman i called yesterday doesnt get back to me then ill look for someone else
Garrett, it's great that you're actively seeking legal assistance. Here’s some guidance:
- **Attorney Search**: Consider using the Oregon State Bar Lawyer Referral Service, which helps connect individuals with employment attorneys.
- **Urgency**: Mention your situation and timeline clearly to prioritize assistance.
Would you like the contact details for the Lawyer Referral Service?
- **Attorney Search**: Consider using the Oregon State Bar Lawyer Referral Service, which helps connect individuals with employment attorneys.
- **Urgency**: Mention your situation and timeline clearly to prioritize assistance.
Would you like the contact details for the Lawyer Referral Service?
BOLI states that workers are protected even before * calendar days have passed if they meet criteria such as a disabillity. can you tell me what those cases would be and what disabillity mean in the context of being protected before that 90 day mark in Oregon?
Garrett, here’s some general information about protections under Oregon law and the ADA:
- **Disability Definition**: Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. A broken ankle may qualify if it limits mobility.
- **Protections Before * Days**: Employers with *+ employees (in Oregon) must comply with the ADA, which requires reasonable accommodations for employees with disabilities, regardless of length of employment.
- **Reasonable Accommodations**: If you informed your employer of your medical restrictions, they were required to explore accommodations unless it caused undue hardship.
Have you documented your request for accommodations and their response? This could be significant for your case.
- **Disability Definition**: Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. A broken ankle may qualify if it limits mobility.
- **Protections Before * Days**: Employers with *+ employees (in Oregon) must comply with the ADA, which requires reasonable accommodations for employees with disabilities, regardless of length of employment.
- **Reasonable Accommodations**: If you informed your employer of your medical restrictions, they were required to explore accommodations unless it caused undue hardship.
Have you documented your request for accommodations and their response? This could be significant for your case.
"Hi Bree,
The orthopedic specialist has placed me on non-weight-bearing restrictions and stated that I am unable to work for at least one month. Because my Material Handler position requires heavy lifting, stooping, standing, and walking, I am physically unable to perform my job duties at this time.
My orthopedic office is preparing the official medical leave and work restriction documentation. I am also opening a medical leave claim through the state and will request that it be backdated to June *, *, to cover my initial absences.
Does Goodwill require any specific internal medical leave or short-term disability forms that I need to complete?"
Garrett, here’s some general information that might help in your situation regarding protections under Oregon law and the ADA:
- **Reasonable Accommodation**: Your employer should have considered accommodations, such as unpaid leave, if your broken ankle substantially limited your ability to perform major life activities.
- **Medical Documentation**: Submitting official medical restrictions supports your case for accommodations.
- **Short-Term Disability**: While not mandated in Oregon, check if your employer provides this benefit and ask for necessary forms if applicable.
Have you already submitted your medical documentation to HR, or are you awaiting completion from your orthopedic office?
- **Reasonable Accommodation**: Your employer should have considered accommodations, such as unpaid leave, if your broken ankle substantially limited your ability to perform major life activities.
- **Medical Documentation**: Submitting official medical restrictions supports your case for accommodations.
- **Short-Term Disability**: While not mandated in Oregon, check if your employer provides this benefit and ask for necessary forms if applicable.
Have you already submitted your medical documentation to HR, or are you awaiting completion from your orthopedic office?
they didnt tell me about short term-disabillity, or even ask if i would accept unpaid leave. they just fired me
Garrett, I'm sorry to hear about your situation. Here's some general information that may help clarify your rights in Oregon:
- **ADA**: Employers must consider reasonable accommodations for disabilities, including unpaid leave, unless it causes undue hardship.
- **Termination**: Firing without exploring accommodations may violate ADA protections.
- **Short-Term Disability**: Employers aren’t required to offer it in Oregon unless part of their benefits package.
Would you like guidance on filing a complaint with BOLI or finding additional legal support?
- **ADA**: Employers must consider reasonable accommodations for disabilities, including unpaid leave, unless it causes undue hardship.
- **Termination**: Firing without exploring accommodations may violate ADA protections.
- **Short-Term Disability**: Employers aren’t required to offer it in Oregon unless part of their benefits package.
Would you like guidance on filing a complaint with BOLI or finding additional legal support?
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