The Role of the Employment Tribunal in Oregon

The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination.

The courts will be examining personal information about both the defendant and plaintiff. Some of the information that is being discussed in open court may turn out to be permanently detrimental to either party for the rest of their lives. For example, a prison warden that is found to be a member of a racist organization is unlikely to find work in the Oregon correctional services again.

At the same time, these courts are also wary of the fact that they are in effect on trial, as well. There are multiple complaints about a system that is prejudiced against certain categories of citizens. That means that the judiciary is often included in the generalist condemnation.

Unless the court can prove that it is impartial, it is always open to some negative assumptions being made about its work and the intentions behind its work. The court may be delving into dicey issues such as freedom of conscience. It is hard to decipher what a person’s exact feelings are, particularly if they are well-versed in the court system and the potential pitfalls that it represents for them.

Preparing for the Employment Tribunal

These cases are won or lost on the facts and the presentation of those facts. If you have no evidence, you are going to be laughed out of court. For this, you will most certainly require the services of an astute attorney. Remember that you are in effect trying to challenge a system that is rigged against you. If you do not have the right arsenal to fight back, the court process will chew you up and spit you out. In civil suits, the court will not concern itself too much as to whether you have gotten the right representation or not.

All that is required is that you are either present or have a representative. It is important to remember that under Oregon law, there is no automatic right to employment. That means that there are many reasons that an employer can turn to if they want to get rid of you.

Some of these reasons may be legally indefensible (bigotry being a case in point). However, the fact that they are indefensible is precisely why the employer will go to extraordinary lengths in order to ensure that their true intentions are well-masked.

It is rare for the smoking gun to present itself at the first opportunity during the hearings. You have to dig deep in order to really prove that your employer is up to no good. For example, lawyers may use the preponderance of evidence to suggest that although the individual incidents do not suggest anything sinister by themselves, their accumulation does.

It is rare to find an employer that is foolish enough to come out with a statement to the effect that they are sacking a person because of his or her gender, for example. Instead, they will come up with euphemisms that get the same result without attracting the attention of the courts.

Getting an Attorney to Assist You

The first step is to contact us at (206) 400-7722. This will give you an opportunity to iron out some of the preliminary issues concerning your specific case.

Picture of Daniel Kalish

Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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