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Oregon Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 7, 2022

There is a reason those agreements typically include language that encourages you to do so. An attorney can help you assess whether the amount they are paying is comparable to what you might get in a lawsuit, as well as if you have any valid claims against the company.

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Employee resigned citing poor response from management after car accident. Is management legally liable for anything?

Employee contacted management to let them know they had been in a car accident (not work related) and were okay. They said they would keep in touch and update us after they got some rest. A few hours later they contacted management and said they may have a concussion due to the airbags not going... Read more »

TeAnna Rice
TeAnna Rice
answered on Feb 27, 2022

Under the Oregon Sick Time Leave law, employers cannot require it ask employees to find cover for shifts they will miss that they are taking sick leave for. Management may be liable for asking Employee to do that. Furthermore, their termination in such close proximity to their need to take sick... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: Hi I was wondering if it would be possible to sue a company after reporting a coworker sexually assaulting me and only-

giving them a month off work.

Carrie Dyer
Carrie Dyer
answered on Feb 16, 2022

More information is needed to answer your questions. It sounds like your employer took disciplinary action against the coworker who sexually assaulted you after you reported the incident. Has the coworker returned to work? Is he or she still working with or near you? You should contact an... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Oregon on
Q: If I leave my job due to harassment, intimidation, bullying, because nothing was done, can I still get unemployment?

I've been working at my current position for over a year now. I am constantly bullied, harassed, and intimidated by coworker and a higherup. I have reported this several times, but nothing has been done. When I have had meetings to explain why I feel I am being treated poorly, it is blamed on... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 6, 2022

Potentially. Eligibility after quitting is never a sure thing, and ultimately it will be up to an administrative law judge. You will have to prove you had no choice but to quit.

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1 Answer | Asked in Employment Discrimination and Landlord - Tenant for Oregon on
Q: Is there a type of attorney that can file discrimination/harassment for employment and landlord/tenant?

We live and work at the same place, I would like to have one attorney handle both cases

TeAnna Rice
TeAnna Rice
answered on Oct 13, 2021

There are attorneys out there who do both, however, you are more likely to find a law firm with attorneys who do both and can work collectively on your case.

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Is it Legal for an employer to put up a sign saying they start at a certain rate when their employees do not make that?

My work put up a sign saying a position starts at $17.25/hr. I work the position and only make $15.48/hr. My employer told a coworker that it’s because we work 32 hours a week instead of 40.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

Maybe not. This is not really a minimum wage question, it is whether the employer has misrepresented the terms of employment. In CA, it is unlawful for an employer to misrepresent the terms of employment to get you to move to CA for the job. In OR? You should contact a local employment law... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: The company I work for won’t give me time off for a religious observance, going against their own policy, can I sue?

I work for the Kaiser corporation and recently filed for a personal leave with no pay for a week in October. The policy says it can be accommodated unless it leaves undue hardship on the employer. I’m in the middle of a list of 9 oncalls at my job, I know there will be someone to cover, but... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 25, 2021

It sounds like you may have a claim for failure to accommodate on the basis of your religion. You should contact an employment law attorney in your area to discuss your situation in more detail.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: I need assistance with employee laws
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 5, 2021

Then ask a question here, or contact an employment law attorney in your area. There is a find a lawyer link above so you can search for an attorney.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Oregon on
Q: Is what my boss doing legal? Do they have to pay me for caring for two people at once?

I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... Read more »

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: What grounds does an employer have to force you to quit while on medical leave

I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment

Carrie Dyer
Carrie Dyer
answered on Jan 20, 2021

More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the... Read more »

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1 Answer | Asked in Employment Discrimination for Oregon on
Q: employer used age discrimination regarding a work injury i was trying to report refused to file work injury
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2020

An Oregon attorney could advise best, but your post remains open for three weeks. This sounds more like a workers' compensation matter than an employment discrimination matter. There's no guarantee all posts are picked up, but you may want to repost under the Workers' Compensation... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: How do i go about on seeing if i have a good case or not?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 16, 2020

Use the find a lawyer link above to search for an attorney in your area, then contact them. Many do a free initial consultation to see if you have a case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: What do i do to get a free lawyer to help me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 16, 2020

Have a good case where the attorney can make money from the other side.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Quit for good cause, Discrimination and harassments. Able to receive UI?

Been employed as a hourly supervisor for just over 4 years at a local branch of a nationwide manufacturing company. My initial application was for a different position that I was turned down for. Did get hired in a entry level position, quickly advanced to supervisor. Continued to try and advance... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 6, 2020

In order to get UI benefits after quitting a job, you have to show good cause, which is a really high bar. See that section in this article: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

Based on your description above, I doubt you would be eligible. Basically it has to...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Probation periods and how do they work?

Recently my husband was fired from his work place because he got into an accident on company time with a company vehicle. When he tried to file a claim for unjust termination, the work place told him he couldn't do it because he has no union behind him because he wasn't past the probation... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 30, 2020

I would suggest contacting a law firm that handles union cases (labor law), such as McKanna Bishop Joffe, as they handle those types of cases. The probation period and rules associated with it should be in the collective bargaining agreement, which the union would have a copy of.

1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we... Read more »

Joanne Reisman
Joanne Reisman
answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Family Law and Juvenile Law for Oregon on
Q: Would I be able to work as a"runaway" and are my parents able to prevent me from working in Oregon?

I live in Oregon and I'm seventeen. I graduated early a few months ago, I have a full time job and my birthday is in September. This is my first time living in Oregon with this parent because I moved in after I graduated and I was a resident at Job corps for a year before that. It's just... Read more »

Joanne Reisman
Joanne Reisman
answered on Mar 7, 2020

You are technically not able to commit to any legally binding agreements until you turn age 18 unless you get emancipated by a court proceeding. It probably isn't worth the time and money to file for an emancipation when you are only months away from turning 18. I suppose you could move out... Read more »

1 Answer | Asked in Employment Discrimination for Oregon on
Q: My employer told me that I should not come to work after taking my prescirbed medication.

I told her I didnt think she could do that. I also told her that I was going to start sending out resumes. She called me into her office and presented me with my last check and told me her attorney would be contacting me with a severance package. I asked her if she was firing me and she said no,... Read more »

Jeff Merrick
Jeff Merrick
answered on Jan 17, 2020

You, too, ought to get a lawyer.

Your question raises issues of whether your medical condition or any disability caused her to prevent you from going to work. Did they try to work with you about your medication.

Also, it raises the question of the real reason she wanted to get...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can an employer tell employees that they will be terminated if they are caught helping a fired co-worker with hearing

Can an employer threaten employees with termination if co-workers, as witnesses for a fired employee? In an unemployment hearing. I went to my hearing without any witnesses or evidence. I know I could have subpoenaed witnesses but I respected their fear termination. Of course, I was denied again.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 13, 2020

It would be unlawful for them to do that, see: https://www.oregonlaws.org/ors/659A.233

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