I get the occassional call from a public employee regarding wrongful discharge or other employment-related torts (infliction of distress, etc.). To anyone considering taking action against a public entity, please beware of the Oregon Tort Claims Act (“OTCA”).
The OTCA requires that any person asserting a claim against a public body give notice to the public body within a certain time and in a manner that complies with specific statutory requirements. This time period is very shortly after the first day there has been some discernable injury and the plaintiff has had a reasonable opportunity to discover the injury and the wrongdoer. The OTCA describes in detail the specific types of notice permitted.
Failure to comply with the OTCA may result in a total loss of claim against the public entity. Therefore, it is vitally important to strictly comply. In all cases, I would recommend contacting an attorney to discuss the issue.
