Legal Question in Employment Law in Oregon
my sister, my nephew and myself were recently fired from a resort we worked at, two weeks after new ownership had taken place. my sister and i had both worked there for 5 years, with no write-ups or incidents. we live in a right to work state, so were not given and explanation as to why.
we had also made a reservation 6 months prior, at the resort for a familiy reunion. the day we were fired, i had asked if there was anyway to cancel our reservations due to the affordability factor of unemployment. the reservation was for september 25, we were fired on september 4th. i was told i could but would lose our deposits. after speaking with my famiy, we decided to go ahead with our reservation. 4 days prior to our reunion, the resort called to inform me that they were cancelling our reservation. when i questioned why, i was not given a reason. i explained the previous conversation i had, had with management concerning the reservation, and was told by the manager that this decision came from higher up. i left one phone message with the manager who made the decision, and never received a call back...
to add to this, there is an employee there, who continues to tell customers that we were fired for theft. (this is untrue) also, this same employee has stated that my family is responsible for damage to her car...also untrue. she continues to "bad mouth" my sister and i. this could cause potential damage to our reputation, and affect future employment. is there anything i can do to (1) ask that this employee be told that she is not to discuss the firing situation, (2) insist on information as to why my families reservation was cancelled without cause;, and (3) request information concerning why my entire family was terminated.
1 Answer from Attorneys
It is unlikely the employer acted unlawfully with regard to the vacation reservations. While it appears to be a poor business practice, only if the act was in retaliation for some protected conduct of yours while employed would it be unlawful. Protected conduct could include filing an unemployment compensation or workers' compensation claim, complaining about unpaid wages, or asserting a discrimination claim against the employer.
The second part of your question describes defamatory statements. Defamation is a false statement, made to a third party, which inpunes the reputation of the subject of the statement. A truthful statement, or a statement of opinion, is not defamatory. The individual making the statements could be liable for defamation, and if the employer has sponsored or encouraged the statements the employer may be liable as well. As a practical matter, a letter to the employer placing it on notice that one or more of its employees are making defamatory statements may stop the conduct and would also place the employer on notice such that if it fails to take action to stop the defamatory statements, the employer may become liable.
You have the right to a copy of your personnel file, including those documents the employer has used to make the decision to terminate. Those records should be requested in writing and address specifically those records for which a demand is made. Include a reference to the statute, ORS 652.750, that requires disclosure of such records. The statute is enforced by the Oregon Bureau of Labor, which should be contacted if the employer fails or refuses to produce the records within 45 days after demand.
You might also want to consider one of the internet services that check former employer references (such as www.badreferences.com and others) to determine what the employer might be saying about you to prospective employers.
The above is not legal advice, but is offered for general discussion purposes only. Only after consulting an experienced employment lawyer and providing all the facts and circumstances can you expect to receive specific legal advice.
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