Business Lawyers Blog
Employers who are sued by an employee might end up either defending themselves in an administrative action before the Bureau of Labor & Industries (BOLI) or in Oregon circuit courts. The objective is the same: you’ll want to present the facts in the light most favorable to the employer.
However, defending a case before BOLI differs in important ways from litigating in Oregon courts. To discuss your situation with an Oregon business litigation attorney, contact Structure Law Group, LLP. We work to protect our clients’ reputations and enforce their rights in any forum.
What Is BOLI?
The Oregon Bureau of Labor and Industries (BOLI) is a state agency that enforces Oregon’s workplace laws. Through its Civil Rights Division, BOLI investigates complaints involving discrimination, retaliation, harassment, and wage claims.
What Are Oregon Circuit Courts?
Oregon circuit courts are the state’s trial courts of general jurisdiction. They hear civil lawsuits, criminal cases, and family law matters. When an employee files a civil lawsuit in circuit court, the parties and their attorneys are responsible for gathering evidence through the court’s discovery rules.
How Defending a BOLI Claim Differs from Court Cases
Here are some ways BOLI cases differ from circuit court cases:
Investigation Differences
If BOLI accepts a complaint, the agency takes full control of the investigation. A BOLI investigator will typically contact you, interview key employees, and request relevant documents.
In contrast, when an employee files a lawsuit in an Oregon circuit court, the employee and their attorney and not the state are responsible for gathering evidence and requesting documents. An experienced employment lawyer will know what to seek, but an unrepresented employee may struggle with the process.
In civil litigation, disputes often arise over whether certain information is relevant. Judges must resolve these disagreements, which can create opportunities for business defendants to challenge or limit what documents they must provide.
Speed of the Process
Both BOLI investigations and civil lawsuits can take more than a year to resolve because both agency’s dockets are often backed up with cases.
Adjudication & Remedies
BOLI contested cases are heard before an administrative law judge. They vary in terms of experience. The ALJ will make findings of fact and law.
A civil case is heard before a judge in a courtroom. In some employment-related cases, either party may request a jury trial.
There are real risks to business defendants when a jury hears a case. For example, a jury might award a huge damage award to the employee for emotional distress or other damages. That is less likely in an administrative case before BOLI. Administrative cases often provide limited relief to a worker. Jurors might also be prejudiced against a corporate defendant.
Judges also conduct trials pursuant to the Oregon laws of evidence. Your attorney will know how to introduce evidence and possibly exclude other evidence offered by an employee (such as hearsay).
Speak with an Oregon Employment Lawyer Today
Employers potentially face negative consequences regardless of where a disgruntled employee files a complaint. Contact SLG to speak with an employment lawyer at our Oregon location. A proper defense requires complete knowledge of all relevant facts, as well as knowledge of how to use the law to your advantage. We can defend you in an administrative forum (like the BOLI) or in an Oregon Circuit Court.
To learn more, contact our office at (503) 388-3000 or reach out online to speak with an Oregon employment law attorney in a private consultation.