Oregon Whistleblower Law
Whistleblowers protected under common law “public policy” tort, but an adequate statutory remedy may preclude common law claim.
Court Decisions:
- Nees v. Hocks, 536 P.2d 512 (Ore. 1975)
- Delaney v. Taco Time, 681 P.2d 114 (Ore. 1984)
- Babick v. Oregon Arena, 40 P.3d 1059 (Ore. 2002)
- Lamson v. Crater Lake Motors, 216 P.3d 346 (Ore. 2009) (narrow view of internal complaints to management)
- Chouinard v. Grape Expectations, 2009 U.S. Dist. LEXIS 2569 (Ore. 2009) (Oregon Safe Employment Act does not preclude common law claim)
- Lucas v. Lake County, 289 P3d 320 (Ore. App. 2012) (public policy tort used by public employee)
Statutes:
- OR Rev Stat § 659A.200–224 (Public Employees)
- OR Rev Stat § 659A.230 and 233 (Testimony and Cooperation)
- OR Rev Stat § 659A.236 (Whistleblowing: Legislative Testimony)
- OR Rev Stat § 659A.885 (Civil Rights)
Frequently Asked Questions
Does Oregon have a False Claims Act (FCA)?
Yes. Oregon has both a False Claims Act that applies to general frauds as well as the Oregon Medicaid AntiFraud Statute, which prohibits fraud against the state’s medicaid program.
Do the Oregon laws have whistleblower provisions?
Yes. Under Oregon law, discharging, demoting, suspending, or discriminating against an employee that made a good faith report is prohibited.
Does Oregon recognize the public policy exception for wrongful termination?
Yes. In Oregon, it is prohibited to fire an employee for abiding by public policy.
