Oregon Employment Contracts Legal Questions

Absent a contract of some sort (individual, union, binding employee handbook, etc.) limiting an employer's right to terminate an employee, that employee can be fired for any reason not prohibited by statute (e.g. race, religion, sex, nationality, and some types of whistleblowing, etc.)  Assuming no such contractual limitation, and no improper discrimination (for example, if another employee of a different religion had the same type of conflict and the boss treated that employee differently because of his religion) your significant other certainly could have been fired for a conflict with his boss, but instead the boss will apparently not fire him if he seeks counseling.  I see nothing legally improper about this.... Read More

Yes.  Although it is possible that the law is different in Oregon, in the jurisdictions in which I practice your employer has no obligation to provide you with a severance package unless you have a contract which says otherwise.  Thus it is within its rights to demand something in exchange for severance compensation, including a release of any claims.  Such a release would be enforceable with regard to most claims unless you can show some reason why it is invalid - that it was procured by fraud, through duress, etc.  There may be some claims, for example age discrimination claims, for which the release can be revoked within a certain period of time.  Of course, if you revoke the release or it is found to be unenforceable, you have to return the severance pay.... Read More