Statute of Limitations on Wrongful Termination in Oregon

One-Year Limit

The general rule in Oregon is that you have one year to file a wrongful termination lawsuit against your employer. According to Oregon Revised Statutes (ORS) 659A.875, you must file a civil lawsuit that alleges an unlawful employment practice, including wrongful termination, within one year after the of the practice. Therefore, you must file suit against your employer within one year from the date you were fired, unless you have filed a complaint with the Oregon Bureau of Labor and Industries (BOLI).

If you want to try to resolve your termination dispute without suing your employer, you may file a complaint with BOLI under ORS 659A.820. You cannot file a BOLI complaint, however, if you have already filed a civil complaint alleging wrongful termination in state or federal court. Filing a BOLI complaint extends the statute of limitations on your wrongful termination civil lawsuit. If your employer terminated your employment because of discrimination, you must file a BOLI complaint within one year of the date the discrimination occurred. If your employer terminated your employment in retaliation for an issue involving unsafe work practices, you must file your complaint within 90 days of the date the alleged retaliation occurred.

If you filed a BOLI complaint and you want to file a civil complaint against your employer, you must do so no later than 90 days after the one-year anniversary of filing your BOLI complaint. On the anniversary of your filing, the BOLI commissioner will notify you that you have 90 days to file a civil suit. The 90-day limit applies even if your BOLI case hasn't been decided yet.

In summary, you should consult an attorney for specific information on the statute of limitations in your case. Generally speaking, you have a minimum of 90 days and a maximum of two years and 90 days to make allegations of wrongful termination against your employer in Oregon. The 90-day limit applies if you file a BOLI complaint because your employer retaliated against you for complaining about unsafe working conditions. A one-year limit applies if you file a discrimination claim against your employer in the civil courts or with the commissioner of BOLI. The maximum time limit applies if you wait 364 days to file a BOLI complaint and your BOLI complaint is still unresolved after one year.