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December 06, 2007

Whistle-blower wasn't wrongly fired, Oregon Court of Appeals holds

Under Oregon law, the firing of an at-will employee may be wrongful - and may entitle the employee to sue his former employer - if the firing results from the employee's exercise of some important public duty.  On Wednesday, the Oregon Court of Appeals demonstrated again that not all 'whistle-blowers' fall within the 'important public duty' exception to the at-will employment doctrine. 

In Lamson v. Crater Lake Motors, Inc., an employee of a car dealer claimed he was fired for, among other things, complaining to his supervisors about unlawful sales practices within the company.  Earlier case law shows that an employee fired for 'whistle-blowing' may have a wrongful discharge claim if he complains about significant issues of workplace health and safety.  But, according to the court, a complaint about sales tactics that may violate the Unlawful Trade Practices Act does not fulfill an important public duty and therefore does not give the employee a claim for unlawful discharge.

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