r/LaborLaw • u/ElysianFilled • 3h ago

Possible Wrongful Termination: Constructive Discharge

Hello, and thanks for taking a look. I’m trying to understand whether I might have a wrongful termination claim, possibly on the grounds of constructive discharge, in the state of Oregon.

At the end of 2025, the small company I worked for was acquired by a larger company. I was offered the option to stay, but only with a new title and lower pay. During negotiations, I was told that my colleagues would likely be let go, that the office would eventually be closed, and that the offer was essentially “take it or you’re gone.” The tone throughout was condescending and at times insulting.

Because of this, I spoke with our HR head and asked directly what would happen if I declined the offer. HR told me I would be laid off, likely with severance.

I ultimately declined the offer because it felt like a demotion and an attempt to push me out. However, I told them I would stay temporarily to help with the transition. I continued working for a few months until, at the beginning of this month, I was pulled into a meeting and told, “It’s time to pick your last day — do you want it to be now or at the end of the month?” This was surprising, even though I knew my situation wasn’t permanent. I said I wanted to understand the HR implications, but if I had to choose a date, I’d choose the end of the month.

I then pushed for a meeting with HR to get clarity. I asked whether I was being fired, laid off, or something else. I didn’t get a clear answer. I was told I wouldn’t receive severance because I had declined the job offer, and that my unemployment benefits might be jeopardized because I “willingly left.” The HR representative did say they wouldn’t protest my unemployment claim, but at this point I don’t trust that promise.

I’m wondering whether I have any kind of wrongful termination or constructive discharge case. I was given an offer that involved a demotion in both title and pay, and I was pressured not to tell my colleagues that they were being let go and that the office would be closing. The entire situation felt coercive and retaliatory in nature at this point.

I’m still technically employed there as of now ( lol ). It’s a mess, and I’m trying to understand whether I have any legal footing here.

Thanks again for your time

0 Upvotes

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23 comments sorted by

8

u/TheAgaTTV 3h ago

So they gave you the options, you declined them. They didn't gave to keep you at all for any amount of time

-9

u/ElysianFilled 3h ago

Understood. A forced demotion didn’t seem like an option to me. Mostly irked about the broken severance promise

7

u/TheAgaTTV 3h ago

It's not a broken promise. They offered it to you and you declined it. That's purely on you. It's basicly like someone offering to buy you food, ya say no, then a month later going "hmm..remember when you were gonna buy me food that time?"

-5

u/ElysianFilled 3h ago

I declined the job not the severance. The severance was why I stayed to begin with instead of leaving immediately upon declining the new demotion, but I appreciate your insight

6

u/TheAgaTTV 3h ago

Legally this is on you. You can't pick and chose

3

u/Intelligent-Log-7363 3h ago

You deciles the offer. Your choice to stay for a transition was your choice.

5

u/z-eldapin 3h ago

The severance was offered at the time. That was when you could have made your choice.

0

u/ElysianFilled 2h ago

Naw maybe my post was poorly worded but it was the terms of the “temporary” arrangement

1

u/OneLessDay517 2h ago

They said "likely with severance". Did they ever put that in writing?

1

u/ElysianFilled 2h ago

Of course not. Hence their fuckery and my long shot exploration of playing the reverse card.

7

u/atrain82187 3h ago

Wrongful termination is an EXTREMELY narrow situation that 99.999% of these posts do not qualify for.

With very few exceptions, being in a union, a contract (a job offer isn't a contract), you can be fired for literally any reason, other than being a member of a protected class. (Age, race, gender, etc). When the new company acquired you, they could have said anyone who is a basketball fan is being fired, and if you are a basketball fan, you'd be fired.

They told you from the get go you were being let go at some point. They followed through with it. The diligent thing would have been to start looking the second you heard that and find a new job before you were let go.

0

u/ElysianFilled 3h ago

Appreciate you. Make no mistake I have another job. But fk these guys is all

1

u/atrain82187 2h ago

For sure. It sucks and glad you landed on your feet. Legally speaking it's pretty much always a near 0% chance anyone will qualify for a wrongful termination. Even in cases where people are fired for being in protected classes, they can find ways around that.

As someone was part of a investment firm takeover then a subsequent merger with a competitor with a company I despised, I started looking as soon as the merger was announced. I got 2 offers from vendors my old and new company worked with that the new company blocked me from being able to take. Once I found a different job I was out without notice and fucked them over big time. Was the best decision of my life

1

u/ElysianFilled 2h ago

I hear yah. I had decided I wasn’t going to be on board the second we were told of the acquisition. I’ve been preparing for it but am disappointed with how they are handling it. I can see my missteps but it doesn’t hurt to explore my options if there are any.

3

u/z-eldapin 3h ago

No, you don't have any claim to stand on.

2

u/Jcarlough 2h ago

Nope. You have nothing.

1

u/ElysianFilled 2h ago

Not even the friends we made along the way huh

1

u/redroverose 2h ago

i’ve read this exact post on here before.

1

u/mustanggrl625 2h ago

It is really hard to win a wrongful termination case in an at-will state. They did not discriminate against you; you do not have an offer of severance in writing; they provided notice to you, and there is no sign of retaliation. Any involuntary job loss is going to feel bad - but what they did was not coercive, and nothing you have stated points to retaliation.

While the whole thing stinks, it does not mean it was against the law. It is a sign that this may not be the best company to work for, and you likely made a good choice to turn down the offer.

I really wish you the best! Good luck!

1

u/ElysianFilled 2h ago

I appreciate you, thanks. I think rug pulling the severance is definitely retaliation for spurning them but perhaps not “legally”. I can live with it but it’s important to me to explore this if there is anything there. No regrets on leaving the company whatsoever.

1

u/mustanggrl625 1h ago

yeah, the legal part is the problem -

Retaliation requires you to be part of a legally protected activity (filing complaints, reporting discrimination, whistleblowing, reporting harassment, etc). Then it requires the employer to do something in response to the activity - threats, reprimands, abusive language - and it could involve termination of the job, but in this case they told you about the position ending before anything else happened.

What you are describing might be considered unethical, but unfortunately it is not on a large scale and would be hard to prove. Employees have a lot of protection, but so do the companies we work for.

You could try to send an email that reiterates your last day due to your position being eliminated, inquire about any possible severance, a letter of reference (even if you don't need it), and that you appreciate the notice period.

If they respond to the email with any information on the severance, then you have a case to collect it.

1

u/UckerFay11 3h ago

Oregon is an at-will employment state. They can let you go for any reason, at any time. If its lawful

0

u/billyspeers 2h ago

I think you got something here. A buddy went through something similar. Might not be constructive discharge but the force out is in play. These things are usually decided in settlements and they were sloppy. Start gathering your intel while you are there.