Lawyers, Answer Questions  & Get Points Log In
Oregon Employment Law 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 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... View 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 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 Employment Law for Oregon on
Q: My company deducts the cost of used PTO from an employee’s last paycheck upon termination of employment. Is this legal?

Though PTO hours are given up front at the start of the year, according to my company’s policy, those hours still have to be accrued in order to be legitimate. When an employee terminates, if they have used more PTO hours from their bank than they have technically accrued by that point in the... View More

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Most likely not - reach out to a wage and hour attorney with your employer's policies to evaluate your case.

1 Answer | Asked in Employment Law and Tax Law for Oregon on
Q: employer payed me under the table for three years even though i asked to be on payroll.

i want to know what my rights are, and if irs can come after me for not paying income tax?

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... View More

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: My jobs overpaid me, due to their own negligence. Now they want me to pay it back, do I have any legal rights not too?

The payroll accountants made a mistake and doubled my time on their books. Do I have to legally pay them back? It would be a financial hardship on my family.

John Barron
John Barron
answered on Apr 1, 2022

Yes, if you receive monies that you did not earn, your company has the right to ask for it back, whether it was their clerical error, or not. Receiving monies for work that you did not perform is termed "unjust enrichment," and the law does not allow persons to be unjustly enriched.

1 Answer | Asked in Employment Law for Oregon on
Q: I need to know who to contact about being fired for getting covid 19
Tim Akpinar
Tim Akpinar
answered on Mar 18, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. Who could you contact? You could reach out to an employment attorney on the termination issue. You could also reach out to a workers' comp attorney to discuss your job functions and how you contracted the... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I signed into an employment contract where I will owe money if length of employment stated in contract is not met

what are my options to get out of contract? i’ve read you can get out of contract if your employer didn’t give you a copy of the contract but not sure if that’s true. plus i can’t remember if they never gave me a copy or if they gave me a copy and i lost it? either way do i have options to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 8, 2022

You should contact an Oregon employment attorney to discuss your situation. If you have completed most or a substantial portion of your employment term, you may be entitled to at least a reduction in the total amount the company is claiming you owe them. If you signed the original agreement, then... View More

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... View 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... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I was wrongfully terminated from a job for declining their request to wear a mask and face shield. Do I have lawsuit?

I informed my employer that I didn't agree to the contractual agreement as known as a mandate.

TeAnna Rice
TeAnna Rice
answered on Feb 27, 2022

No. Employers can require you to wear a mask and face shield with a few minor exceptions that do not appear to apply here based on your response to them.

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... View 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... View 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.

View More Answers

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... View More

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

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Employment Law for Oregon on
Q: My employer wants us to work OT at the regular rate to pay back front-loaded sick time. Is that legal?

My employer is providing a one-time loan of 40 hours of PTO due to Covid and loss of work for winter weather (we're a construction company). They would like us to pay back that money by working overtime, though they'll only compensate us at our regular rate of pay, citing the risk that... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 30, 2021

Yes, they cannot do that. No matter what, other than if you are exempt from OT in general, if you work more than 40 hours in a week, you are owed OT.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for missing work due to having cancer and getting surgery. Do I have any options?

In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... View More

TeAnna Rice
TeAnna Rice
answered on Dec 1, 2021

It is not clear what you mean by "at that time I felt I was fired", but you most likely have a claim for FMLA/OFLA retaliation and potentially OSTL retaliation. I highly recommend contacting an employment law attorney in your area to discuss your case.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for missing work due to having cancer and getting surgery. Do I have any options?

In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 30, 2021

More information is needed to answer your question. You should reach out to an Oregon employment attorney to discuss the communications you had with your employer leading up to and during your medical leave, as well as how you took the time off (ex. whether you used FMLA leave, paid time off,... View More

2 Answers | Asked in Employment Law for Oregon on
Q: My employer is not paying out my PTO because they are saying since I called in sick during my 30 day notice.

My employer is not paying my PTO because they say that I was “not fulfilling my work duties” since I called out sick one day during my 30 day notice. Are they able to do this?

They are not paying for the sick day, which is noted in the handbook since I called out during my 30 day... View More

TeAnna Rice
TeAnna Rice
answered on Oct 11, 2021

Are they not paying your PTO for the day that you were sick, or are they not paying out the balance of your PTO upon your termination? If they are not allowing you to use your PTO for the day you were sick, you could have a wage claim for those missing wages, assuming you qualify under Oregon Sick... View More

View More Answers

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... View More

View More Answers

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... View 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.