Do I Have a Provable Case of Retaliation

I was hired at a youth drug rehab center as a treatment assistant in Oregon. I worked there for 6 months and never had any write-ups, never called in sick, and had one complaint (but ended up getting a letter of appreciation due to management agreeing with my decisions regarding the incident). Needless to say, I enjoyed my job and felt that I was a good employee.

It was common practice to not take breaks, and rarely take lunches. We were understaffed to the point that taking breaks and lunches became impossible. I was asked to come into the managers office one day and was told that I need to start clocking out for lunches, but needed to continue to work. I clarified that they wanted me to clock out for lunch, but continue working. They said, "yes." I told them that I was not OK with this and asked for a different arrangement regarding lunch periods. I respectfully conveyed my concern about already not getting breaks. Now we aren't allowed to take a lunch, but must still clock out. My manager said, "if you're so worried about breaks we can make your shifts shorter so you don't have to worry about them." I was shocked. They are going to cut my hours so that they don't have to give me breaks or a lunch. I had already contacted Oregon Labor to inquire about the lack of breaks.

The next day a memo was sent to all employees stating that we now had to take breaks and a lunch per the Oregon Bureau of Labor and Industries rules. I had three scheduled days off, and then I was asked to come in early to work on my 'monday'. In the meeting I was "let go" and they had my final paycheck ready. I respectfully asked for a reason for being let go and she said, "i'm not at liberty to tell you, please leave the building." I left.

I had a meeting with the HR director two days later and she said, "I was told change was needed and so we are going to let you go as an employee. No hard feelings." I explained that I was the only person 'let go'. I also explained that I felt this was in retaliation for complaining about not getting breaks. She was unaware of the situation regarding breaks and seemed very upset. There were plenty of illegal and unethical practices going on that we discussed. She asked me to write out a statement so she could share it with the owners. I told her that I wanted my job back as well.

A week later she called and said that the owners are committed to fixing the issues in the company but that they will not give me my position back. She said it would, "upset too many people to give me my job back right now." I filed a grievance with Oregon BOLI and they said they will be investigating it. I have a copy of my employee file. There are no complaints or anything negative. Worked there for six months with no issues. I complain about not getting breaks and refuse to work 'off the clock' and am fired 5 days later 'without reason'.

Do I have a case???

Thanks to whoever responds!!

1 answer  |  asked Apr 20, 2011 6:37 PM [EST]  |  applies to Oregon

Answers (1)

Craig A. Crispin
Retaliation for asserting a right related to your role as an employee, such as that of taking breaks and lunch periods, can constitute a wrongful discharge. It may also, in the right circumstances, constitute retaliation for asserting a wage claim. BOLI likely will investigate any statutory violations. You should consult an experienced employment lawyer to thoroughly evaluate the facts and possibly assist you through the BOLI process.

The above is not specific legal advice but is offered for general discussion purposes only. Only a lawyer who has evaluated all relevant facts is in a position to provide specific legal advice. Consult an experienced lawyer for guidance on how to proceed.

posted by Craig A. Crispin  |  Apr 20, 2011 9:56 PM [EST]

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