Employment Attorney in Portland
November 15, 2013 11:01 AM Subscribe
How do you go about finding an attorney for someone who has just been fired?
A friend of mine has just been terminated from his position and he is based in Portland, OR. He has been given a severance but feels he has been unjustly fired. So outside of flipping through the yellow pages or searching the net, how does one go about finding an attorney? He does not know a lot of people out there, so referrals are out. Kind of an uneasy feeling as neither one of us has had to hire an attorney except for your standard real estate transactions. By the way, the reason he has been terminated is for a situation that happened in Canada, if that makes a difference. Thanks for any input.
A friend of mine has just been terminated from his position and he is based in Portland, OR. He has been given a severance but feels he has been unjustly fired. So outside of flipping through the yellow pages or searching the net, how does one go about finding an attorney? He does not know a lot of people out there, so referrals are out. Kind of an uneasy feeling as neither one of us has had to hire an attorney except for your standard real estate transactions. By the way, the reason he has been terminated is for a situation that happened in Canada, if that makes a difference. Thanks for any input.
You can google Portland Oregon Employement Attorney. Then make appointments with the attornies that seem to fit the case. Most attornies will discuss the case briefly without fee and determine if it would be worth it to pursue the case.
Be aware though, the first stop should be the unemployement office. Today, without delay. Take the separation letter and sign up for benefits. There may be a waiting period, depending upon how much the severance package is, but start early and start now.
It may not be worth it. If he can easily become re-employed, it may be better to just concentrate on that. Work it from both angles.
Once a case is filed in court, it becomes a public record and fair, or not, some employers would prefer not to deal with folks who have sued previous employers.
The world is unfair, the world of work, moreso.
Not knowing anything about the issue, I'd say, sign up for unemployment, claim you were laid off (which with severance, you were) and get a new job as quickly as possible.
Unless you're suing for unpaid commissions, or stock options or something like that, chances are this will NOT be worth the time, effort and emotion to do.
posted by Ruthless Bunny at 11:13 AM on November 15, 2013 [2 favorites]
Be aware though, the first stop should be the unemployement office. Today, without delay. Take the separation letter and sign up for benefits. There may be a waiting period, depending upon how much the severance package is, but start early and start now.
It may not be worth it. If he can easily become re-employed, it may be better to just concentrate on that. Work it from both angles.
Once a case is filed in court, it becomes a public record and fair, or not, some employers would prefer not to deal with folks who have sued previous employers.
The world is unfair, the world of work, moreso.
Not knowing anything about the issue, I'd say, sign up for unemployment, claim you were laid off (which with severance, you were) and get a new job as quickly as possible.
Unless you're suing for unpaid commissions, or stock options or something like that, chances are this will NOT be worth the time, effort and emotion to do.
posted by Ruthless Bunny at 11:13 AM on November 15, 2013 [2 favorites]
Seconding the Oregon Bar Association's referral service. I was very pleased with the attorney they referred me to (not employment-related though, sorry).
posted by homodachi at 11:16 AM on November 15, 2013
posted by homodachi at 11:16 AM on November 15, 2013
Oregon is an at-will state. Unless he was fired for being black, or muslim, or some other protected class, his odds of winning are slim to none.
posted by COD at 11:19 AM on November 15, 2013 [4 favorites]
posted by COD at 11:19 AM on November 15, 2013 [4 favorites]
To tag off of Ruthless Bunny's excellent point, I'd add this:
What does your friend want out of this?
Have that in mind before he talks to an attorney. Does he want his job back? Unlikely. Does he want a bigger severance package? Might be doable, but a lot of that will be eaten up by attorney's fees. Does he want the company to admit they were wrong and/or spark a revolution in labor law like Lilly Ledbetter? Vanishingly small chance.
But if he knows exactly what he wants and what exactly he'll settle for (not in the legal sense, just in the actual sense), then he'll spend a lot less time trying to get a lawyer to go along with it.
posted by Etrigan at 11:32 AM on November 15, 2013 [3 favorites]
What does your friend want out of this?
Have that in mind before he talks to an attorney. Does he want his job back? Unlikely. Does he want a bigger severance package? Might be doable, but a lot of that will be eaten up by attorney's fees. Does he want the company to admit they were wrong and/or spark a revolution in labor law like Lilly Ledbetter? Vanishingly small chance.
But if he knows exactly what he wants and what exactly he'll settle for (not in the legal sense, just in the actual sense), then he'll spend a lot less time trying to get a lawyer to go along with it.
posted by Etrigan at 11:32 AM on November 15, 2013 [3 favorites]
The fact that it may be a horribly unfair dismissal doesn't make it illegal. They are allowed to unjustly fire him: Employment at Will - Oregon.
posted by DarlingBri at 11:33 AM on November 15, 2013
posted by DarlingBri at 11:33 AM on November 15, 2013
What does your friend want out of this?
Absolutely this. As a lawyer, one of the key part of my jobs is managing my client's expectations. And related to that, I need to know what my client seeks to achieve. The clients who want "their day in court" are generally the ones who have never been there. The purpose of a civil lawsuit is to get something, but that something is not a feeling of vindication. The purpose is usually to get money. If getting money is not want your friend wants, a lawsuit is probably going to be disappointing.
And, as noted, Oregon is an at-will state. At-will is not so much about "letting companies unfairly fire people" as it is about giving both parties the right to "break up" whenever they want. An at-will employer can fire at a moment's notice, but the at-will employee can also quit at a moment's notice for no other reason than "because". Obviously, no one here can or should advise you about the merits of any potential case even if we knew the facts, but those people who have mentioned that Oregon is at-will employment are doing the favor of managing expectations.
But, as far as getting the lawyer to have this discussion with, I would also recommend the Oregon Bar Association's Lawyer Referral Service.
posted by Tanizaki at 1:13 PM on November 15, 2013
Absolutely this. As a lawyer, one of the key part of my jobs is managing my client's expectations. And related to that, I need to know what my client seeks to achieve. The clients who want "their day in court" are generally the ones who have never been there. The purpose of a civil lawsuit is to get something, but that something is not a feeling of vindication. The purpose is usually to get money. If getting money is not want your friend wants, a lawsuit is probably going to be disappointing.
And, as noted, Oregon is an at-will state. At-will is not so much about "letting companies unfairly fire people" as it is about giving both parties the right to "break up" whenever they want. An at-will employer can fire at a moment's notice, but the at-will employee can also quit at a moment's notice for no other reason than "because". Obviously, no one here can or should advise you about the merits of any potential case even if we knew the facts, but those people who have mentioned that Oregon is at-will employment are doing the favor of managing expectations.
But, as far as getting the lawyer to have this discussion with, I would also recommend the Oregon Bar Association's Lawyer Referral Service.
posted by Tanizaki at 1:13 PM on November 15, 2013
Busse and Hunt if friend is looking for a Portland based attorney. Memail me if he wants a Canadian based firm.
They're one of best employee-side firms in Portland says a few attorney friends as well as opposition/employer-side lawyers. Of all the firms I talked to for my case, they were by far the most impressive...and really nice too. Attorneys don't need to be warm and fuzzy to do great work, but man does it make the process more pleasant.
And yeah, absolutely do not ever let the internet tell you do or don't have a claim.
posted by space_cookie at 3:21 PM on November 15, 2013
They're one of best employee-side firms in Portland says a few attorney friends as well as opposition/employer-side lawyers. Of all the firms I talked to for my case, they were by far the most impressive...and really nice too. Attorneys don't need to be warm and fuzzy to do great work, but man does it make the process more pleasant.
And yeah, absolutely do not ever let the internet tell you do or don't have a claim.
posted by space_cookie at 3:21 PM on November 15, 2013
Unjustly because his employer is a jerk, or unjustly because of age, race, sex, sexual orientation in some states, religion, etc.? Lawyers are expensive. It's not easy to get justice from employers. Before he sees a lawyer, he should gather as much information and documentation as possible, to save expensive lawyer time.
posted by theora55 at 12:12 PM on November 16, 2013
posted by theora55 at 12:12 PM on November 16, 2013
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posted by craven_morhead at 11:10 AM on November 15, 2013 [1 favorite]