The good, the neutral, and the bad.

Often when someone is terminated from their job, they are never told why they were fired; if it was how they made the coffee every morning, or if their sales numbers were too low, or if it was for something worse, like a person’s race. On a basic level, this usually doesn’t sit well with people. Most people want to understand what happened. This doesn’t, however, mean an employee is entitled to know why they were terminated. The employer most likely doesn’t have to tell the employee why they were let go. This cuts both ways though, and if the employee quits they are likely not required to tell the employer why they quit. 

Oregon is what is known as an at-will state. In an at-will state, the general rule is that the employer is entitled to terminate a person’s employment for a good reason, or for no reason, just not for a bad reason. There are circumstances where at-will employment may be modified (such as union membership), but for many people, there is no such modification and at-will is the rule. This causes most people to wonder, just what is a good reason?

When someone is terminated for good reason, it is just what you might think. Usually it is something like employee theft or insubordination, or not meeting expectation. A good reason for employee termination usually revolves around the employee. 

This contrasts with no reason. When an employee is terminated for no reason, it is likely through no fault of their own. This can include when a company downsizes or shifts their focus to a new area. No reason terminations usually focus on the company’s needs, and not on the employee’s acts. 

The problem is that good reason, and no reason, are sometimes used to cover up a bad reason. A bad reason for termination usually involves termination for a protected class (a category the law says one may not be terminated for). There are numerous statutes in existence that dictate what an employer may or may not terminate someone for. These protections can include prohibiting termination based on discrimination, military service obligations, or many other things.  Even if an employer doesn’t say they are acting for a bad reason, it can sometimes be shown through other things the employer says or does. This would be very fact specific though and would have to be examined on a case by case basis. 

This all suggests that while an employee may not have a right to know why they were terminated, they may want to ask. Even if not given a good answer, asking may prove helpful later on down the line. This also suggests that if terminated for no reason, or for good reason, (and especially for a bad reason) an employee may want to discuss the matter with an attorney. Just because the employer said the termination was legal, doesn’t make it so. Depending on what the circumstances are, the employer may be covering up a bad reason and may have opened themselves up to liability. If you have had problems at work and would like your employment situation analyzed, feel free to call the office for a free consultation.