If I manage a retail tire store and may get fired but I have proof that I am held to a higher standard than others in my same position, do I have any protection here?

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If I manage a retail tire store and may get fired but I have proof that I am held to a higher standard than others in my same position, do I have any protection here?

I believe I may be fired for “not producing”. However I have better financials than over half of the stores in our 13 store chain. Can this help me get around the at will employment law if I do get fired?

Asked on July 11, 2015 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Employment at will, unfortunately, means that employers may make bad business decisions or unfair ones, such as favoring lower-level producers over top producers, so this information will not help you. The only thing that would help (assuming you do not have a written employment contract) would if you could show that the reason you were disfavored was due to a legally protected characteristic, such as your race, age over 40, religion, sex, or disability. If you could show that your firing was motivated by one of those characteristics, then you may have a case for illegal employment discrimination and could contact the federal EEOC or your state equal/civil rights agency to bring a complaint.


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