Your employer has terminated your employment and you believe you have a claim for wrongful termination. Oregon law imposes a number of deadlines by which you must take action in order to pursue your claim. As a general rule, employees of a private company (non-governmental) have a year to file suit. However if you filed a written formal complaint with a governmental agency, such as the Bureau of Labor and Industries, your deadline to act is ninety (90) days following the release of the final agency decision and receipt of the “Right to Sue” letter.
If you happen to be a government employee the law requires even more of you in even less time. Most governmental employees must provide a written notice of claim to the appropriate recipient within 180-days of the harm complained of. Thus even before moving forward with a lawsuit, the employee must provide proper notice to the agency. This requires submission of a Tort Claims Notice that is sufficient to allow the agency to investigate the claims. This deadline is triggered by the underlying harmful act. Missing this deadline could result in the loss of potential claims. Also, the scope of the notice is important as any claim not identified by the notice will not be permitted to go forward.
If you are a governmental employee who believes that he/she has been subjected to prohibited-employer conduct it is important that an attorney be contacted immediately to ensure that these important deadlines are not missed.The State Agencies in Oregon and Washington which investigate unlawful employment claims in their respective States is the Oregon Bureau of Labor and Industries (BOLI) and Washington State Human Rights Commission, respectively. You can peruse additional information on this topic and other topics relating to unlawful employment claims by checking their websites at www.oregon.gov/BOLI/pages/index.aspx for Oregon BOLI and www.hum.wa.gov for the Washington Human Rights Commission. Mr. Rosenthal is licensed to practice law in both States and is here to assist you in this process.