Q: In Oregon, can an employer sue an employee for legal fees after employee files BOLI complaint (but is not suing yet)?
After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get my wife to pay their legal fees. BOLI investigations to not require lawyers. Is it possible the employer can sue us for their legal fees if we are not suing them? When can an employer sue an employee (former employee now) for legal fees incurred? Thank you.
A: They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.
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