Wrongful Termination in Oregon (2026): Laws, Deadlines, How to File

Oregon is an at-will state, so a firing is wrongful only when it breaks a specific statute, a contract or a public duty that Oregon courts protect. Oregon's statutes reach much further than most states'. The main one, ORS 659A.030, makes it unlawful for an employer with even one employee to discharge someone because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18 or older) or an expunged juvenile record, and ORS chapter 659A adds separate bans on firing for whistleblowing, workers' compensation claims, family leave and more.

Deadlines in Oregon depend on the claim: five years for the core discrimination statutes, one year for most others. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon law on firing employees: ORS chapter 659A (discrimination, whistleblowing, family leave, workers' compensation and other retaliation rules enforced by BOLI), the Oregon OSHA retaliation provision (ORS 654.062), wage-claim and sick-time retaliation (ORS 652.355, 653.641), the captive-audience law (ORS 659.785), and the wrongful discharge and contract rules of Oregon courts, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Oregon severance pay laws.

Is Oregon an at-will state?

Yes. Our research found no Oregon statute requiring just cause for a firing, so the question is whether a statute, a contract or a protected public duty was broken. For the doctrine in more detail, see Oregon at-will employment laws.

Grounds for a wrongful termination claim in Oregon

Discrimination under ORS 659A.030

ORS 659A.030(1)(a) makes it an unlawful employment practice for an employer, "because of an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates, or because of an individual's juvenile record that has been expunged ... to refuse to hire or employ the individual or to bar or discharge the individual from employment."

Who is covered. Under ORS 659A.001(4)(a), "employer" means "any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees." The chapter does not cover an individual employed by a parent, spouse or child or in domestic service (ORS 659A.001(3)), and discrimination that "results from a bona fide occupational qualification reasonably necessary to the normal operation of the employer's business" is not unlawful (659A.030(1)(a)). "Race" includes natural hair, hair texture, hair type and protective hairstyles (659A.001(11)). Some provisions have higher floors:

Sexual orientation and gender identity. Oregon's statute lists both. Federal law covers them too: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which applies to employers with 15 or more employees.

Portland. Portland City Code 23.01.050(B) makes it unlawful "to discriminate in employment on the basis of an individual's sexual orientation, gender identity, source of income, familial status, or family or relationship structure, by committing against any such individual any of the acts already made unlawful under ORS 659A.030 when committed against the categories of persons listed therein." A person may file a complaint with BOLI under the ORS 659A.820 procedures or sue in court (Portland City Code 23.01.080). The ordinance sets no filing period of its own, so ask BOLI or a lawyer which period applies and act promptly.

Age questions in hiring. HB 3187 (2025), effective September 26, 2025, added ORS 659A.030(1)(f), which bars asking an applicant's age, date of birth or graduation dates before an initial interview or conditional offer, with exceptions. It is a hiring rule, not a firing rule; it moved the retaliation paragraph to 659A.030(1)(g).

Disability and uniformed service

ORS 659A.112(1) bars disability discrimination by employers with six or more persons. ORS 659A.082 makes it unlawful to deny retention in employment, reemployment or promotion, or to discharge, discipline or retaliate against someone, because of uniformed service or because the person exercised rights connected to it, subject to a bona fide occupational requirement defense (659A.082(3)). Both carry the five-year deadline. Federal USERRA separately bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

Retaliation for opposing discrimination

ORS 659A.030(1)(g) makes retaliation unlawful when it is against someone for opposing an unlawful practice or for filing a complaint or taking part in a proceeding. It carries the five-year deadline that applies to ORS 659A.030.

Whistleblowing

ORS 659A.199(1) makes it unlawful for an employer to "discharge, demote, suspend or in any manner discriminate or retaliate against an employee ... for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation." It applies to private and public employers.

ORS 659A.230(1) separately protects good-faith reports of criminal activity, causing a complaint to be filed, cooperating with law enforcement, bringing a civil proceeding against the employer, and testifying. ORS 659A.203 adds rules for public and nonprofit employers. Both 659A.199 and 659A.230 say their remedies are in addition to any common-law remedy.

A whistleblower complaint to BOLI or lawsuit has one year (ORS 659A.820(2), 659A.875(1)(a)); ORS 659A.199 is not in the five-year list. More on Oregon whistleblower laws.

Workers' compensation

ORS 659A.040 makes it unlawful to discriminate against a worker because the worker applied for or asked about workers' compensation benefits, invoked the system's procedures, or testified under ORS chapter 656. Under ORS 659A.043, an injured worker must be reinstated to the former position on demand if it is available; that right does not apply to employers with 20 or fewer workers and ends in listed events, including three years from the injury. ORS 659A.046 covers reemployment. The deadline is one year. For the benefits side, see Oregon workers' compensation laws.

Family leave, Paid Leave Oregon and sick time

• Oregon Family Leave Act. ORS 659A.183 bars denying leave and retaliating against an employee for using it, at employers with 25 or more employees (659A.153).
• Paid Leave Oregon. ORS 657B.060 restores an employee to the same or an equivalent position after family, medical or safe leave, but only for employees employed at least 90 days before the leave (657B.060(8)). Retaliation or interference is an unlawful employment practice, enforced by a BOLI complaint or a civil action under ORS 659A.885 (657B.070). SB 69 (2025) gave BOLI that enforcement role and paused limitations periods while a Paid Leave Oregon appeal is pending (657B.070(3) as amended).
• Sick time. ORS 653.641 makes it unlawful to deny or interfere with sick time, retaliate against an employee for asking about, requesting or taking it, or count protected sick time under an absence-control policy. A civil action is available under ORS 659A.885.

These claims default to the one-year deadline.

Workplace safety complaints (ORS 654.062)

ORS 654.062(5) makes it unlawful to discharge or discriminate against an employee who opposed unsafe practices, made a complaint, exercised rights under the statute, reported workplace violence in a health care setting, or in good faith refused to face a risk of serious injury or death when there was no reasonable alternative. The employee may file a BOLI complaint or a civil action within one year after having reasonable cause to believe a violation occurred (654.062(6)), and the commissioner or circuit court may order "all appropriate relief including rehiring or reinstatement ... with back pay." If the firing comes within 60 days after the protected activity, there is a rebuttable presumption that it was a violation, which the employer may rebut by a preponderance of the evidence (654.062(7)).

Wage claims

ORS 652.355 bars discharge or discrimination because an employee made a wage claim, started or testified in a wage proceeding, asked about or reported a violation of ORS 652.020, or declined to work more than 55 hours in a week. It is an unlawful employment practice with the one-year deadline, and it carries compensatory and punitive damages with a jury under ORS 659A.885(3).

Jury service

Under ORS 10.090, an employer commits an unlawful employment practice if it discharges, threatens, intimidates or coerces an employee because of jury service or scheduled jury service. The remedy is equitable relief and back pay under ORS 659A.885(1) and (2), plus a $720 civil penalty the court may award (659A.885(7)); compensatory and punitive damages under 659A.885(3) are not listed for this section. The employer also may not require the employee to use vacation, sick or annual leave for jury duty (ORS 10.090(2)). The deadline is one year.

Captive-audience meetings

ORS 659.785 bars an employer from discharging or penalizing an employee who declines to attend an employer-sponsored meeting whose primary purpose is to communicate the employer's opinion on religious or political matters, or who reports a violation in good faith. A civil action must be brought "no later than 90 days after the date of the alleged violation." A court may award reinstatement, back pay and benefits, and "shall award a prevailing employee treble damages, together with reasonable attorney fees and costs." The section preserves a common-law wrongful-termination claim (659.785(4)(a)).

Other Oregon firing rules

• Tobacco use off duty. ORS 659A.315 makes it unlawful to require, as a condition of employment, that employees not use lawful tobacco products during nonworking hours, unless a bona fide occupational requirement or a collective bargaining agreement allows it.
• Credit history. ORS 659A.320 makes it unlawful to use credit history in a discharge or other employment decision, with exceptions, including federally insured banks and credit unions and employers required by law to use it.
• Work authorization updates. HB 4111 (2026), effective June 5, 2026, makes it unlawful to discharge or retaliate against an employee "because the employee updates or attempts to update the employee's personal information based on a lawful change in the employee's federal employment authorization documentation." The employer may still take actions needed to comply with federal verification rules, and an employer is not liable solely because a third-party benefit administrator independently takes adverse action in response to the change. HB 4111 added the new section to ORS 659A.885(2) and (3), so a court may award compensatory damages or $200, whichever is greater, and punitive damages, with a jury on request.
• Health care employees. Under SB 1570 (2026), effective June 5, 2026, it is an unlawful employment practice for a hospital or federally qualified health center "to retaliate or take disciplinary action against an employee of the health care facility because the employee has distributed informational or educational materials concerning immigrant rights and available immigration legal services if the materials are published or otherwise made available by a state agency." The employee may file a BOLI complaint under ORS 659A.820.
• Crime victims. An employer with six or more employees in Oregon may not deny leave to an eligible crime victim, or discharge, threaten to discharge, intimidate or coerce the employee, because the employee takes leave to attend a criminal proceeding (ORS 659A.190, 659A.194).
• Domestic violence, harassment, sexual assault, bias or stalking. An employer may not discharge, demote, suspend or retaliate against an individual because the individual is a victim, and must make a requested reasonable safety accommodation unless it would impose an undue hardship (ORS 659A.290). Employers with six or more employees in Oregon must also allow protected leave and may not fire an employee for taking it (ORS 659A.270, 659A.277). A 659A.290 claim carries compensatory and punitive damages and a jury on request under ORS 659A.885(3).
• Volunteer firefighters. A volunteer firefighter of a rural fire protection district (or a city or private firefighter) granted a leave of absence to serve under ORS 476.510 to 476.610 "shall not be subject to removal or discharge from such position as a consequence of the leave of absence," and must be restored to the position or an equivalent one (ORS 476.574). A violation is an unlawful employment practice enforced through BOLI or a civil action (ORS 476.576), and a court may add compensatory damages or $250, whichever is greater (ORS 659A.885(6)).
• Testimony and family members. Oregon also bars firing an employee solely for testifying before the Legislative Assembly or its committees (ORS 659A.236), for testifying in good faith at an unemployment compensation hearing (659A.233), or solely because another family member works or has worked for the employer, with exceptions (659A.309).
• Medical marijuana. In Emerald Steel Fabricators, Inc. v. Bureau of Labor & Industries, 348 Or. 159 (2010), the Oregon Supreme Court held that Oregon's employment discrimination laws did not require an employer to accommodate an employee's use of medical marijuana. Our research found no Oregon statute protecting off-duty marijuana use and did not review how later legalization affects that holding.

The crime-victim, domestic violence, volunteer firefighter, testimony and family-member rules above carry the one-year deadline. Our research did not find an Oregon statute guaranteeing time off to vote, and did not cover state protections for other volunteer emergency responders or firearms in vehicles. Oregon's False Claims Act (ORS 180.750 to 180.785) has no retaliation section of its own; a whistleblower relies on ORS 659A.199 or 659A.230.

The wrongful discharge tort

Oregon courts recognize a common-law tort for firings that punish an employee for fulfilling a public duty or exercising an important job-related right:

• In Nees v. Hocks, 272 Or. 210 (1975), the Oregon Supreme Court affirmed a jury verdict for a clerical employee fired after she told her employers she would serve on a jury. A later decision described it as a case where the plaintiff "was discharged for fulfilling a societal obligation."
• In Delaney v. Taco Time International, Inc., 297 Or. 10 (1984), the court allowed tort damages to an employee fired for refusing to sign a false and potentially defamatory statement, and grouped the cases into firings for fulfilling a societal obligation and firings for pursuing a private statutory right tied to the employee's role, such as workers' compensation.
• In Dunwoody v. Handskill Corp., 185 Or. App. 605 (2003), the Court of Appeals held that "a person has a public duty to testify in criminal proceedings when compelled to do so by subpoena," reversed a dismissal, and held that "the existence of a contractual relationship, by itself, does not foreclose an employee from bringing a claim for common-law wrongful discharge." Courts look for the duty in constitutional and statutory provisions and case law: "our task is to find a public policy, not to create one."

When a statute displaces the tort. In Holien v. Sears, Roebuck & Co., 298 Or. 76 (1984), the Oregon Supreme Court allowed an employee fired for resisting a supervisor's sexual advances to pursue a common-law wrongful discharge claim alongside her statutory claim, because the statutory remedies then available (reinstatement, back pay and injunctions) did not compensate her personal injuries: "Legal as well as equitable remedies are needed to make the plaintiff whole." Whether the tort remains available where a statute now provides compensatory and punitive damages is a question for a lawyer. Dunwoody put it this way: "where existing remedies will not fully vindicate the public interest, the tort of wrongful discharge steps in to fill that gap." Some statutes, including ORS 659A.199, 659A.230 and 659.785, expressly keep common-law remedies alongside their own.

Deadline. ORS 12.110(1) says an action for "any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years." Our research did not read a decision applying it to wrongful discharge, so get legal advice promptly.

Contracts and handbooks

In Yartzoff v. Democrat-Herald Publishing Co., 281 Or. 651 (1978), the Oregon Supreme Court reversed summary judgment for the employer, holding that a jury "could reasonably infer" that a new-employee handbook's counseling and fair-termination procedures "were intended and considered by both parties to be a part of the terms of plaintiff's original contract of employment." A contract action has six years (ORS 12.080(1)). Our research did not establish an Oregon rule on whether an implied duty of good faith limits an at-will firing.

Constructive discharge in Oregon

Quitting can count as a firing. In McGanty v. Staudenraus, 321 Or. 532 (1995), the Oregon Supreme Court quoted its earlier decision in Bratcher v. Sky Chefs, Inc. (1989): "a resignation caused by unacceptable working conditions can be a constructive discharge," and the tort for it is wrongful discharge. Whether particular conditions meet that standard is a question for a lawyer.

Wrongful termination deadlines in Oregon

Claims against public bodies. A claim against a public body also needs a notice of claim under ORS 30.275 (ORS 659A.875(5)).

No shortening by contract. Under ORS 659A.883, added by HB 2957 (2025), an employer commits an unlawful employment practice if it agrees with an employee to shorten the limitations period for a violation BOLI enforces.

The EEOC deadline. The EEOC's San Francisco District Office and Seattle Field Office both say that in Oregon an individual has "300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees, or 20 or more for age. Both pages say charges against smaller employers go to the appropriate state agency within the time set by state law. For Oregon, that time comes from ORS 659A.820: five years for the statutes listed in the table, one year for the rest. Both EEOC pages quote a different figure for BOLI, but the statute controls the state claim.

Where to file in Oregon

BOLI. The Bureau of Labor and Industries' Civil Rights Division handles employment complaints. You start by submitting a questionnaire; BOLI interviews you and drafts a complaint, which you sign and return. The filing date is the date BOLI receives the signed complaint, and BOLI says that "In most cases, BOLI has one year from the receipt of the signed complaint to complete the investigation."

BOLI and the EEOC. BOLI's page says: "If the complaint alleges something that is also a violation of federal employment law, BOLI will co-file it with the EEOC." It also warns that a complaint naming a disability on its face cannot be co-filed with the EEOC, so ask about the federal charge in that case. Federal charges can also be filed directly through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near.

BOLI or court: the election rules.

• "The filing of a complaint under ORS 659A.820 is not a condition precedent to the filing of any civil action" (ORS 659A.870(2)).
• Filing a lawsuit in circuit or federal court waives the right to file a BOLI complaint on the matters alleged (659A.870(1)), and BOLI cannot take a complaint while a lawsuit on the same matters is pending (659A.820(4)(a)).
• A person who filed with BOLI may sue without waiting for BOLI's notice (659A.870(6)).

Deadline to sue after a BOLI complaint. HB 2957 (2025), effective June 24, 2025, changed the rules for complaints and lawsuits filed on or after that date, and for earlier complaints where no notice had issued. BOLI now issues a notice of right to sue when it dismisses a complaint within a year, or at the one-year anniversary of filing, unless the complaint settled. The deadline then depends on BOLI's finding and on how much of the ORS 659A.875 period remains (659A.880(3)):

• Substantial evidence found, or no investigation: sue within 90 days if 90 days or less remain on the period; otherwise, before the period runs out.
• No substantial evidence found: sue within one year if more than a year remains; before the period runs out if 90 days to a year remain; within 90 days if less than 90 days remain.

What BOLI or a court can award

Equitable relief and back pay. Under ORS 659A.885(1), a court may order injunctive and other equitable relief, "including but not limited to reinstatement or the hiring of employees with or without back pay." Back pay is limited to the two years immediately before the BOLI complaint was filed, or before the lawsuit if no complaint was filed. The court may award the prevailing party costs and reasonable attorney fees at trial and on appeal.

Damages and a jury. For the provisions listed in ORS 659A.885(3), which include ORS 659A.030, 659A.040, 659A.043, 659A.046, 659A.082, 659A.112, 659A.199, 659A.230, 659A.370 and 652.355, a plaintiff may recover "compensatory damages or $200, whichever is greater, and punitive damages" (659A.885(3)(a)), and at any party's request the case "shall be tried to a jury" (659A.885(3)(b)). The section states no dollar cap. Any attorney fee agreement in those cases is subject to court approval (659A.885(3)(d)). Provisions listed only in 659A.885(2), such as jury-service firings, get equitable relief and back pay from the judge, with a $720 civil penalty available for a jury-service violation (659A.885(7)).

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in Oregon

Write down the date you were fired, who told you, the reason given, and any complaint, report, leave request, injury claim or jury summons involved, and keep copies of messages, reviews and the termination notice. Watch the one-year deadline: it applies to most retaliation claims, even though discrimination claims under ORS 659A.030 have five years.

Ask for your personnel records. Under ORS 652.750, within 45 days after an employee's request the employer must give a reasonable opportunity to inspect records used to decide qualification, promotion, compensation, termination or discipline, along with time and pay records, and "shall furnish a certified copy." After a termination, the employer must keep personnel records for at least 60 days. Criminal-investigation records and confidential reports from previous employers are excluded. Our research found no Oregon statute requiring a service letter stating the reason for a firing.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Oregon severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes

• HB 2957 (2025, Oregon Laws 2025 chapter 379), effective June 24, 2025: BOLI's notice-of-right-to-sue timing and the suit deadlines that follow it (ORS 659A.880), and the ban on agreements shortening limitations periods (ORS 659A.883).
• HB 3187 (2025, chapter 125), effective September 26, 2025: the hiring-stage ban on asking age, date of birth or graduation dates (ORS 659A.030(1)(f)).
• SB 69 (2025, chapter 85), effective September 26, 2025, with some provisions operative January 1, 2026: BOLI enforcement of Paid Leave Oregon job protection and retaliation rules, and related changes to the Oregon Family Leave Act and sick time.
• HB 4111 (2026, Oregon Laws 2026 chapter 57), effective June 5, 2026: the work-authorization update protection.
• SB 1570 (2026, chapter 93), effective June 5, 2026: the ban on hospitals and federally qualified health centers retaliating against employees for distributing state-agency materials on immigrant rights and immigration legal services, with a BOLI complaint route.

Related

• Wrongful termination laws by state
• Oregon at-will employment laws
• Oregon whistleblower laws
• Oregon workers' compensation laws
• Oregon severance pay laws

Disclaimer: This article provides general legal information about Oregon wrongful termination law (ORS chapter 659A, ORS 654.062, 652.355, 652.750, 653.641, 659.785 and 10.090, and the wrongful discharge and contract rules of Oregon courts) and the federal laws that apply in Oregon. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Oregon Bureau of Labor and Industries, the EEOC, a legal aid office or a lawyer licensed in Oregon.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Oregon?

Only if the firing broke a specific law or agreement, such as ORS 659A.030 (discrimination), ORS 659A.199 (whistleblowing), another retaliation statute in ORS chapter 659A, a contract, or the common-law wrongful discharge tort. Oregon is otherwise at-will.

How long do I have to file a discrimination claim in Oregon?

Five years for a BOLI complaint or lawsuit under ORS 659A.030, 659A.082, 659A.112, 659A.370 or 243.323 (ORS 659A.820(3), 659A.875(1)(b)). Most other employment claims, including whistleblower and workers' compensation retaliation, have one year. The EEOC's San Francisco and Seattle offices say the federal charge deadline in Oregon is 300 days.

Do I have to file with BOLI before suing in Oregon?

No. ORS 659A.870(2) says a BOLI complaint is not a condition precedent to a civil action. But filing a lawsuit waives the right to file a BOLI complaint on the same matters (659A.870(1)), and after a BOLI complaint the deadline to sue is set by BOLI's notice under ORS 659A.880(3).

How many employees does an Oregon employer need to be covered?

One or more for ORS 659A.030 (ORS 659A.001(4)(a)). Disability protections apply to employers with six or more persons (659A.106), and the Oregon Family Leave Act to employers with 25 or more employees (659A.153).

Is there a cap on damages in Oregon discrimination cases?

ORS 659A.885 states no dollar cap. For the listed statutes, including ORS 659A.030 and 659A.199, a court can award compensatory damages or $200, whichever is greater, plus punitive damages, and a jury hears the case on request. Back pay reaches back two years before the complaint or suit.

Is it illegal to fire someone for being gay or transgender in Oregon?

Yes. ORS 659A.030(1)(a) lists sexual orientation and gender identity for employers with one or more employees, and federal Title VII also covers them at employers with 15 or more employees (Bostock v. Clayton County, 2020).

Can I get my personnel file after being fired in Oregon?

Yes. ORS 652.750 requires the employer, within 45 days after a request, to let you inspect the personnel records used for decisions such as termination or discipline and to furnish a certified copy, and to keep the records at least 60 days after termination.

Can I be fired for reporting a safety problem in Oregon?

ORS 654.062(5) bars discharging an employee for safety complaints and certain good-faith refusals to face serious injury or death, and the employee may file with BOLI or sue within one year after having reasonable cause to believe a violation occurred (654.062(6)).