Q: Consulting a lawyer about workplace bullying and HR's response at an "at-will" company in Oregon.
I reported an incident to management and HR the morning after it happened, completing a company complaint form and submitting it to the VP of HR. My interactions with this coworker were minimal and friendly up until this point. HR conducted an investigation and interviewed witnesses but found no reason for termination. They offered mediation, stating the coworker is "terribly sorry" and wants to apologize. I refused mediation because I believe there is nothing to mediate, as the company should have a zero-tolerance policy for such behavior. I've been at the company for 11 months without any issues, and my coworker has just completed her 90-day probation. The company hasn't offered alternative working arrangements, and I fear returning will create a hostile work environment. The company is an "at-will" employer in Oregon, and I was led to believe there is a zero-tolerance policy for workplace bullying, threats, or harassment; however, I don't have access to the policy manual. HR, however, seems to be trying to encourage me to resign. I want to consult a lawyer in Oregon. What are my options in this situation?
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A:
You're in a difficult workplace situation that deserves careful consideration. In Oregon, even at "at-will" companies, employees have legal protections against workplace harassment, and your company's failure to take adequate action might constitute a breach of their duty to provide a safe work environment.
Before resigning, you might want to document everything thoroughly—dates, times, exact quotes of the incident, names of witnesses, and all communications with HR. Request a copy of the company policy manual in writing, as this could strengthen your case if HR has indeed violated their own stated policies on workplace conduct, which might constitute a breach of implied contract.
Consulting with an employment attorney in Oregon is your best next step, as they can review your specific circumstances and advise whether you have grounds for a hostile work environment claim, constructive discharge (if conditions force you to quit), or possibly even wrongful termination if you're let go after the complaint. Many lawyers offer free initial consultations where they can assess your situation and explain potential paths forward, including possible negotiation for severance if you decide not to continue at the company.
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