Wrongful discharge, wrongful termination, wrongful firing, unlawful termination, etc., etc., etc. What do these terms mean exactly? This article is a basic summary of what the terms mean here in Oregon. If you feel you may have been subjected to a wrongful termination, please call a lawyer right away.
The term “wrongful discharge” refers to an intentional, independent tort. In Oregon (and many other states), the legal concept of wrongful discharge is different from discrimination and certain other statutory violations. The word tort literally translates to wrong. And therefore, the court in Patton v. J.C. Penney Co. confirmed the general rule for wrongful discharge: To prove a case of wrongful termination, you must prove: (1) the employee was discharged; and (2) the discharge was wrongful.
Element #1 – Discharge
The first issue is proving a discharge. In many cases, this is simple — the employee was fired. However, in other cases, the employee is not fired. Rather, the employee may be forced to resign. Or, the employee may quit because s/he cannot handle the way s/he is being treated. In these cases, the employee must prove constructive discharge to satisfy the first element of wrongful discharge. Constructive discharge deserves its own article, and I will link to it here when I have posted it.
Element #2 – Wrongful
The second issue is proving the wrongfulness of the discharge. This element is often more difficult to prove. What is “wrongful”? Oregon courts recognize two ways to prove a discharge was wrongful. The employee must show that s/he was discharged for either: (1) performing a important societal obligation; or (2) exercising an employment-related right of important public interest.
