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Employment Law Fundamentals

Employment law cases implicate a variety of fundamental legal concepts that can have dramatic impacts on how cases are handled and resolved. While fundamental legal concepts do not always directly relate to the substantive body of employment law, it is important to understand fundamental concepts in areas such as: (1) civil procedure, (2) administrative law, (3) contract law, and (4) tort law.

For example, the threshold issue of whether a case will be heard by a United States District Court (Federal) versus an Oregon Circuit Court (State) can have profound impacts on how a case will proceed and the legal standards that will be applied. Likewise, responsibility for legal fees can be a determining factor in whether and how cases get pursued. Workers and businesses must also be aware of how various administrative agencies address issues. Also, in some cases, workers' rights will be limited to private arbitration.

Understanding these and many other fundamental concepts is vital to a comprehensive approach in employment law cases.