Oregon Business Lawyer - Kothari Law LLC

Employment Law

Employment Lawyer Oregon — Plaintiff’s Side

Losing a job — or being pushed out of one — is one of the most disorienting experiences a person can go through. When it happens because your employer discriminated against you, retaliated against you for speaking up, or violated your legal rights, you deserve an attorney who will take your case seriously and fight for a real outcome.

Kothari Law represents employees and workers exclusively on the plaintiff’s side in employment disputes across Oregon and the Pacific Northwest. We do not represent employers. Our practice is built around a simple premise: when employees are treated unlawfully, they should have access to skilled, aggressive representation.

Contact our firm for a free consultation about your potential employment claim.

Why Choose Kothari Law for Employment Litigation in Oregon?

Former Federal Prosecutor. Plaintiff’s Advocate.

Vivek Kothari brings 17 years of legal experience to employment matters. Before founding Kothari Law, he served as a federal prosecutor with the U.S. Department of Justice, investigating and trying complex cases involving fraud, corruption, and civil rights. That background shapes how he approaches every employment case.

He knows how to investigate a case thoroughly, develop a strong evidentiary record, and present a compelling narrative — in writing and in court. He understands the defense playbook because he has seen it from multiple angles. And he knows the difference between a case worth settling early and one worth taking to trial.

Vivek holds bar admissions in Oregon, California, New York, and Georgia. His practice includes both Oregon circuit court and federal court litigation, including the U.S. District Court for the District of Oregon.

A Practice Built Around Workers

We represent only employees — never companies. That means there are no conflicts of interest, no divided loyalties, and no institutional hesitation about holding employers accountable. When you hire Kothari Law, you are working with an attorney whose entire practice is oriented toward your side of the table.

Recognition and Memberships

Vivek Kothari has been recognized in Best Lawyers in Americafor 2021 and 2024. He was also a finalist for U.S. Attorney for Oregon. He maintains membership in the Federal Bar Association and the Oregon State Bar.

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“Working with Vivek was a great experience! He was knowledgeable, thorough and responsive, ensuring alignment with expectations every step of the process. During a difficult time, he gave me confidence and consistently demonstrated that he had my best interest in mind in achieving a fair outcome.” — Scott Lindsay

Read more reviews on our Google Business Profile.

Types of Employment Cases We Handle in Oregon

Discrimination

Oregon law prohibits employment discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, and other protected characteristics. These protections apply to hiring, firing, compensation, promotion, job assignments, and working conditions.

We handle discrimination claims under Oregon’s Unlawful Employment Practices statute (ORS Chapter 659A), Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and related federal and state laws. We represent employees at both public and private employers, including state agencies, universities, and healthcare institutions.

Retaliation

Oregon and federal law prohibit employers from retaliating against employees who oppose unlawful conduct, report discrimination or harassment, file a complaint with a government agency, or participate in an investigation or legal proceeding. Retaliation can take many forms: termination, demotion, schedule changes, hostile treatment, or constructive discharge that forces an employee to resign.

Retaliation claims often arise alongside underlying discrimination or whistleblower claims, but they can also stand alone. If your employer took adverse action against you because of something you reported or opposed, you may have a retaliation claim regardless of whether the underlying conduct was ultimately unlawful.

Wrongful Termination

Oregon is an at-will employment state, but that does not mean employers can fire workers for any reason. Termination is unlawful when it is based on a protected characteristic, in retaliation for protected activity, or in violation of an express or implied employment contract. Firing an employee for refusing to violate the law, for taking legally protected leave, or for reporting unsafe working conditions can also constitute wrongful discharge under Oregon common law.

We evaluate wrongful termination claims carefully, identifying every applicable legal theory and building the strongest possible case for our clients.

Whistleblower Retaliation

Oregon provides strong protections for employees who report employer misconduct. ORS 659A.199 prohibits retaliation against employees who in good faith report what they reasonably believe is a violation of any federal, state, or local law, rule, or regulation. ORS 659A.203 provides additional protections for public employees who disclose information about waste, fraud, or abuse in government operations.

Federal whistleblower statutes provide additional protections depending on the industry and the nature of the misconduct reported. We represent private and public sector employees who have faced retaliation for doing the right thing.

Harassment

A hostile work environment based on a protected characteristic — race, sex, national origin, disability, age, or others — violates both Oregon and federal law. Harassment does not require physical contact or explicit threats. Severe or pervasive conduct that creates an abusive working environment can form the basis of a legal claim.

We represent employees who have experienced sexual harassment, racial harassment, disability-based harassment, and other forms of discriminatory mistreatment in the workplace.

Failure to Accommodate

The ADA and Oregon law require employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. Employers sometimes deny accommodation requests, ignore them, or engage in a bad-faith interactive process. When that happens, employees have legal options.

We also represent employees who have been denied reasonable accommodations for religious beliefs or pregnancy-related conditions under applicable Oregon and federal law.

Leave Retaliation

Oregon employees are entitled to protected leave under multiple overlapping frameworks: the Family and Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), and Oregon’s Paid Leave program (ORS Chapter 657B). Employers who interfere with leave rights, deny legitimate leave requests, or retaliate against employees for taking protected leave violate state and federal law.

We handle FMLA interference and retaliation claims, OFLA violations, and Paid Leave Oregon disputes on behalf of employees across the state.

Oregon Employment Law: What You Should Know

Oregon’s Broad Protections Under ORS Chapter 659A

Oregon’s primary anti-discrimination statute, ORS Chapter 659A, provides protections that in some respects exceed federal law. Oregon covers employers with as few as one employee for certain types of claims, applies to a broader range of protected characteristics than Title VII, and does not cap compensatory damages in the same way that federal law does for smaller employers. Oregon employees often have stronger claims under state law than they realize.

Administrative Exhaustion: BOLI and the EEOC

Many employment discrimination claims require filing a complaint with an administrative agency before a lawsuit can be filed. In Oregon, claims may be filed with the Bureau of Labor and Industries (BOLI) or cross-filed with the Equal Employment Opportunity Commission (EEOC). The deadlines for filing these complaints are strict — typically 300 days from the date of the unlawful act for federal claims. Missing the deadline can forfeit your right to sue.

Oregon whistleblower and wrongful termination claims under ORS 659A.199 do not require administrative exhaustion, which means a lawsuit can be filed directly in court. We advise clients on the correct procedural path for each type of claim from the outset.

Damages Available to Oregon Employees

Employees who prevail on Oregon employment claims may recover back pay, front pay, compensatory damages for emotional distress, punitive damages in cases of willful misconduct, and attorney fees and costs. The availability of each category of damages depends on the specific claims asserted and the employer’s conduct. We explain what remedies are available in your situation during the initial consultation.

Statute of Limitations

Employment claims are subject to strict time limits that vary by claim type. BOLI/EEOC complaints for discrimination claims generally must be filed within 300 days of the adverse action. Direct-filing claims under ORS 659A.199 are subject to a five-year statute of limitations. FMLA claims must be filed within two to three years depending on whether the violation was willful. If you believe you have an employment claim, consult with an attorney promptly — waiting can eliminate legal options that would otherwise be available to you.

Contingency Fee Representation

Most of our employment matters are handled on a contingency fee basis, meaning you pay no attorney fees unless we recover on your behalf. This structure ensures that employees — regardless of their current financial situation — have access to experienced legal representation. Attorney fee awards are also available by statute in many employment cases, which means that a successful outcome can result in the employer paying your legal fees as well.

Contact Kothari Law

If you believe your employer has discriminated against you, retaliated against you, or violated your rights under Oregon or federal law, we want to hear from you. Many employees are uncertain whether what happened to them rises to the level of a legal claim. That uncertainty is exactly why the consultation exists. Bring us what you’ve experienced — we will evaluate it honestly and tell you where you stand.

We represent employees across Oregon and the Pacific Northwest, including Portland, Eugene, Salem, Bend, Hillsboro, Beaverton, and Gresham. Vivek Kothari personally evaluates every potential case.