Portland, OR asked in Employment Discrimination and Employment Law for Oregon

Q: I got fired for leaving a voicemail to another employee, I don't think I even left a VM. I was given no info on said VM

I feel this was illegal, misconduct is why I got denied unemployment benefits. Worked for the company a year and a half (sales) and was a top employee my whole career . I was never given any option to review said voicemail. I may have put an inappropriate word in a a VM, but never directly towards anyone.the thing is ,ig you dont answer my call, i wouldnt leave a vm , i would text you my inquiry .It sickens me to think that this is legal. Cobra was never provided by the employer either

1 Lawyer Answer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
  • Employment Law Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: Let's start with the unemployment denial, did you appeal and have a hearing? At the hearing the employer would need to provide a copy of the voicemail if they wanted to use it to deny benefits. Otherwise, the employer would not need to provide you with a copy.

The fact is, employment in Oregon is at will, and they can terminate you for just about any reason, or even no reason at all. The reasons that are prohibited relate to discrimination and the like, as in the firing was due to you be of a certain race or religion, etc., which is not what you seem to be claiming.

You might have something as to not offering COBRA, but that is not within my expertise.

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