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Oregon Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: If I work holidays is that daytime and a half

Is my boss required to pay extra on holidays if I work those days are they time and a half off

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 2, 2022

No, unless you have a contract that says otherwise, such as in a union. Most employers do this, but that is to entice people to work holidays.

1 Answer | Asked in Consumer Law for Oregon on
Q: What can I do if I hit a settlement but I didn’t want a settlement I asked my attorney I want trial

I took my rental manager to court after giving me 6 eviction and not fixing a leak and mold grew then the floor needed to be replaced I gave my attorney all fotos with evidence but he only presented one of a wall with mold nothing els I should of gotten 3 times my rents work but only got 12000 i... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2022

If you didn't agree or want the settlement, you should have declined it, even firing your attorney if you believe it warranted. But now that you accepted it, you live with it. Own your actions - and regardless, the court is likely to require you to do exactly that.

1 Answer | Asked in Criminal Law for Oregon on
Q: I Do I have to claim a criminal charge from 1997 today on a job application. The charge was a measure 11 charge.

No other convictions at all since 1997

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

In Oregon, it is possibly unlawful for a potential employer to inquire about your criminal history at the application stage. However, there is nothing that states how far back in your criminal history an employer can consider, once they are allowed to consider your employment history.... Read more »

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Can an employer in oregon force you to buy out your contract when you make 50k a year, when breaking contract?

My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... Read more »

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.

1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Comm- tenant rights/sublessor refuse written lease but a year-to-year agreement increases each yr

subleasing-1st year - Cohort approval and assignment of volunteer services in exchange for part-time workspace. 2nd year- automatic Cohort approval. office space and use of general areas in exchange for 20 hr. volunteer office coordinating training/ work & cleaning.

3rd-year backup... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 27, 2022

If you have agreed to a commercial rental without a written lease, it must be on a month to month basis. Among other things, that means the landlord can change the terms, space, rent, etc. at anytime with 30 days advanced notice. If you want something more stable, either get a fixed term written... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Hello, I recently renewed my rental lease for my apartment and im planning on terminating it early.

So, I recently renewed my lease and the current lease agreement states that the fee in the amount of $0(1.5 times the stated monthly rent if left blank) if I terminate my lease early.

but on my initial lease agreement. the lease agreement on this section was left blank instead of putting... Read more »

Katherine Goodman
Katherine Goodman
answered on Jun 22, 2022

Your current lease preempts your first lease and without seeing the lease agreement, it is hard to answer your question. But based on the current facts you have stated your current lease, which controls, you would have to pay 1.5 times the stated monthly rent if you terminate the lease early.... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
Read more »

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: I had major damage from a roof leak and State Farm wants to deny it.

At first they told me they were going to deny it. The next day they said they would partially approve it. The day after that, they said that they again said they were going to deny it. So far - they have put nothing in writing. They reversed because my $11K damage to my walls, ceiling, and trim was... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. It could be difficult to speculate about the change in position without knowing more about the file in terms of the policy terms, damages, repairs, inspections, approvals, and other possible issues. If the reversal... Read more »

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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1 Answer | Asked in Contracts for Oregon on
Q: Is there someone who can help me with a notarized document
TeAnna Rice
TeAnna Rice
answered on Jun 17, 2022

Look for a public notary in your area.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord legally disregard a maintenance request because i owe unpaid rent?

I am on housing and have lived here since 03/2022 and my fridge has not worked since i moved in i informed my manager and she still hasnt sent someone out to fix it but she never forgets to ask me about my unpaid rent. Which os a whole other story. My question is can she legally procrastinate on... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 7, 2022

No, a landlord has the absolute obligation to maintain appliances and the dwelling in general as long as the tenant is in possession - regardless of rent payment status. Be sure you document the times you have reported the problem or requested maintenance. Once it has gone 10 days or so without... Read more »

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