Legal Question in Employment Law in Oregon
unjust company layoffs, health and safety violations
i was a full time employee, recently laid off from a big company who supposedly had capacity problems. soon after, job openings were posted in my old department and i wasn't called back. the company also broke an agreement with the city and state that if the they provided a new facility, the company would stay in the area and provide jobs for 10 years in addition to this, last summer there was a huge mechanical fire in the plant. when the fire was out and all the people were sent home, the company waited till the fire dept left and sent in the second shift without masks to clean up the soot and ash blatantly avoiding OSHA law that nobody can enter for 24 hours and an inspection takes place. do i have a case with these people in any way?.
1 Answer from Attorneys
Reply to "Unjust Company layoffs"
First, I'm assuming you were not a union member (if so, contact your union). In Oregon, as in many states, an employer is not generally required to be fair in its hiring and firing (or layoff) decisions. However, if the company downsized as a way to get rid of certain employees who were in protected classifications (meaning, those of particular races, or female, disabled, etc.) or who had engaged in protected conduct (reporting safety violations, reporting law violations, union activity), then the layoff may be a violation depending on the specific facts involved. Also, if an individual is selected for inclusion in a larger layoff because of a protected classification or activity (see above), then the individual layoff might be unlawful. Regarding the OSHA issue, anyone has the right to report suspected violations to the officials, either state or federal OSHA. It is unlikely an individual who was not directly affected will have much to gain by doing so, however, especially if that person is no longer employed by the company. This message is for general guidance only and should not be relied upon as specific legal advice.