The greater Portland Oregon area has experienced a serious economic boom for the past decade or so, growing to a staggering 2.2 million people by the end of July 2008. That was almost 2% growth in just the previous 12 months. The greater Portland area includes such places as Tualatin, Hillsboro, Beaverton, Gresham and several other smaller centers.

With dynamic growth like this Portland has seen a significant growth in employment figures as well. But this frenetic growth has taken a hit over the last 18 months. In fact the growth in Portland's unemployment rate in the year preceding June of 2009 was the highest in the entire U.S. Unemployment rose to 11.6% in April of 2009 - a full 3% higher than the national rate at that time (8.6%).

These numbers mean there are a lot more people in the Portland area out of work, and there will be companies - both large and small - slashing payrolls as they struggle to stay in business. In some of those cases there will be questions about due process as well as termination rights as defined by labor law. While these things vary somewhat from state to state, here are some of the general rules that apply to employer-employee relationships.

While having a job is an essential thing, there are pitfalls that can happen in any employer and employee relationship. Someone who has been let go without due process can claim for both unfair and wrongful dismissal. However, only the compensation for one claim will be entertained so as to prevent the payment of dual compensation. To be eligible to qualify for unfair dismissal procedure, the employee must have been in employment continuously for one year and should have made the claim within 3 months of the date of dismissal.

The one year minimum employment requirement remains in place except in the following exceptions in cases. These include where the employee has worked for a trade union during working hours or when dismissal is linked with pregnancy and maternal rights. In cases of dismissal due to sex, race, age, or disability, the employee should make a claim under "discrimination" and not unfair dismissal. Some of the other exceptions are dismissal for asserting employment laws, health and safety rules, for acting as an employee representative, and acting as a pension scheme trustee.

Wrongful dismissal, not to be misunderstood with unfair dismissal, is based on contract law and calls for a review of the work contract to figure out who has broken the law. Either side can nullify the contract by giving sufficient notice as stipulated in law, however the conditions of the contract supersede the legal provisions. Dismissal under an insufficient notice or short notice can be deemed wrongful dismissal. However, in cases like theft, the employer can take recourse to summary dismissal as the employee has committed a serious breach of trust. Failure to follow the disciplinary procedure is also arguable under wrongful dismissal.

It is common knowledge that many immature employers are irked at the smallest show of retaliation or discontent shown by a worker, like filing a claim for discrimination, retaliation or compensation, after an on site injury. They take it as a personal affront and summarily terminate the concerned worker creating a hostile atmosphere forcing him to quit, which is also illegal as per the clauses of the Civil Rights Act. In such circumstances the worker has the legal right to seek refund of loss in earnings and punitive damages for wrongful termination. In addition, he is eligible to claim for his distress during that period as well as punitive damages.

In such cases the best they thing they should do is to hire an experienced personal injury attorney who has a reputation for good negotiating skills and is proficient with all aspects of employment law. They will ascertain the exact reason for your wrongful discharge. They will take up your claim on an emergency basis without taking a single cent from you. They will discuss the fees agreement during a preliminary consultation and agree to recover their fees as a percentage of the recovery amount.

Wage disputes can be viewed from either side of the coin. From the employer perspective, it is a good idea that they have an attorney on staff, and not wait for a problem to arise with a worker or have to face other glaring issues. This will help them understand the Federal and State Laws and the Fair Labor Standards Act as well as local municipal laws on overtime, rest breaks, travel time, termination and other such matters. Employees also have the right to have their wage disputes protected by the above attorneys.

Federal and state laws prohibit sexual harassment and sex discrimination against men and women in their places of work. Pregnancy related wrongful dismissal of women, retaliation against their refusal to respond to demands for sexual favors, improper advances, remarks and other indecent conduct which detracts from their performance at work, are all part of sexual harassment. As in the film featuring Michael Douglas and Catharine Zeta Jones, it isn't always a case of a male harassing a female. The tables can sometimes be turned.

If you feel your employment has been terminated unfairly you should discuss your case with an experienced Portland employment lawyer, or a legal firm that specializes in Portland or Tualatin employment law.