What is a tort?
A tort is a wrongdoing or a violation of a right for which a person can be held liable under civil law in Oregon. In the workplace, many torts might occur. The most typical instances are fraud, false imprisonment, and defamation. In contrast to criminal accountability for torts, civil liability permits the person affected by the tort to file a lawsuit and collect monetary compensation from the perpetrator of the tort.
Fraud in the Workplace
Your employer may have committed “fraud” against you if they misled or lied to you and you relied on such information to your harm. To establish fraud, you must demonstrate that management intentionally harmed you by telling you something that they knew to be incorrect at the time. In addition, you must demonstrate that you suffered some kind of financial or economic loss due to that fraud or deception.
Defamation
To “defame” someone is to tell the truth about or make a false charge against the person in order to harm their reputation, either verbally or in writing. Defamation may be expressed verbally or in writing. “Libel” is the legal word for defamatory material published in a book or article. An oral defamation is defined as “slander” under the law.
Defamation in the Oregon workplace happens most often when a manager or supervisor falsely accuses an employee in front of coworkers or management members of dishonesty or significant misbehavior or when an employer offers inaccurate information to a future employer looking for a reference.
Defamation lawsuits might arise in several termination instances. It is very uncommon for employers to make claims regarding employee skill or productivity that later turn untrue.
However, an employer is allowed what is known as a “qualified privilege” to make remarks about its workers about punishment, termination, and other references to run its business effectively. Your employer’s misleading statement about you is not enough. There must have been malicious intent, knowledge of the statement’s falsehood, or recklessness on the part of the person saying it to constitute defamation.
False Imprisonment in the Workplace
False imprisonment happens when a person’s freedom of movement is restricted without the individual’s consent or legal basis. Even if your boss summons you into their office, they may falsely imprison you if they lock the door or threaten you and begin questioning work or personal concerns. There are several factors to consider when determining whether you have been wrongfully imprisoned, such as the length of time you have been kept against your will, the basis for your imprisonment, and how your ability to escape is restricted.
Wrongful termination and/or discrimination lawsuits sometimes include allegations of false imprisonment and other personal harm or tort claims. These claims, however, can be made only in the event of a life-threatening circumstance.
Choosing an Oregon Employment Lawyer
Defending our clients’ rights from employment torts is a top priority for us at Meyer Employment Law. If you need legal counsel or want to learn more about your rights as an employee in Oregon, please contact us right away to learn about your options for combating employment torts in your workplace.