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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Employment Law for Oregon on
Q: Are online notarys accepted in oregon? Will the states employment dept accept it if so or do you know?

I know its a odd question. I just don't know the laws on online notarization.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx

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 Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Is it legal to purchase baseballs, cut them up with parts of the logo showing, and then use to make jewelry?

More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 14, 2021

Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Can I sue the other driver of a car that hit mine?

My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 1, 2021

I would strongly suggest finding an attorney to handle this. Almost all of the ones who handle car crashes take cases on a contingency, meaning you don't pay them unless they recover for you. Almost all also offer a free consultation, so they can ask you questions to see if you have a good case.

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1 Answer | Asked in Employment Law for Oregon on
Q: Does my employer have the right to terminate me for not taking vaccine in the state of Oregon?

I was asked today if I'd be taking the covid vaccine when its available April 15th. I told him I wouldn't. He said if I dont get it,I need to look for another job. Its my understanding that Oregon allows,not only religious accommodation,but philosophical reasons as well. Im aware I can... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 29, 2021

Except under certain circumstances (that you do not mention) yes, they can require that you take the vaccine.

1 Answer | Asked in Copyright for Oregon on
Q: Copyrighted photograph, recreated and manipulated for my album cover. Do I need to purchase rights to use original pic?

My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 26, 2021

This sounds like a derivative work, so if that is the case, you would most likely need to get a license.

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 1, 2021

First, make sure to file a claim with your PIP, assuming you have auto insurance yourself (or someone in your household does). That will pay for the hospital trip, plus any future care such as physical therapy if you need it.

Then, assuming you have auto coverage yourself, you should also...
Read more »

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 28, 2021

Yes, they can require this. If you review your policy I can guarantee you there is a clause that says you have to cooperate with your carrier, and that you must submit to what we call an IME. If they make you start going to a lot of them, then you might consider talking to an attorney to see at... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 17, 2021

Whether a driver has insurance or a license doesn't matter as to fault. If you can prove he was speeding you would likely get some comparative fault on the motorcyclist.

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1 Answer | Asked in Copyright for Oregon on
Q: Is YouTube Audio License music free to use everywhere - or just YouTube?

I have a question about copyright law. Youtube Audio Library has multiple songs under their "YouTube Audio Library License" . The license details read,

"You’re free to use this audio track in any of your videos, including videos that you monetize. No attribution is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2020

One would need to review the entire contract to be able to provide a proper opinion. Odds are, the music is likely only for use on YouTube.

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.

If he chooses not to take the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 31, 2020

Potentially. The pay cut might be enough to provide good cause for quitting. See this for more details: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

But it is always risky to quit.

1 Answer | Asked in Employment Law for Oregon on
Q: Gave notice of tort to the state of Oregon And now I want to move forward to a civil lawsuit -

Employment discrimination

Next steps - I’m going to file myself

What is the max amount of damages can you recover

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 23, 2020

File a lawsuit prior to the statute of limitations running, which is shorter due to the the tort claim aspect. If you did not go through the BOLI or EEOC process, you might consider that, and you might consider talking with an attorney as well about your case.

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 Law for Oregon on
Q: I am warehouse manager at a grocery store chain in Central Oregon. I worked there for a bit under a year.

A new husband/wife management team is coming in as store managers because the current store manager is retiring. Here's the deal, they've informed us that they are requiring all employees to fill out a new application for their CURRENT job positions. They want everyone on a 90 day... Read more »

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

If these are new owners and a new company, then you already technically lost your job. And, that is likely what happened here. If you refuse, that is insubordination, which could lead to termination, and one that would likely disqualify you from unemployment.

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...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 20, 2020

You may have protections: https://www.oregonlaws.org/ors/476.576

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I had to quit my job due to my boss yelling at me then physically trying to attack me.

Lucky a coworker held her back as I left through the back door. Now the company is not paying me out for vacation days i earned in the past year. My boss also didn't tell her supervisor about her trying to attack me so they are taking my quitting without 2 weeks notice as the reason for not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 14, 2020

Denial of your unemployment is up to the state, and given the facts above you should or should have appealed any denial.

As to the payout, they may or may not be required to pay you out on your vacation time. However, if you file a complaint with BOLI over the unsafe workplace, your former...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: My manager sent me a "Performance Improvement Plan" letter demanding a signed response by EOD. Must I respond?

Hello, I am working in a hostile work environment and on top of that - I have been given a "Performance Improvement Plan" which is actually a letter listing all "shortcomings" of my performance in my work. There are inaccuracies in this. I feel confident that I am being forced... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 25, 2020

They cannot force you to sign, but refusing to sign can be insubordination, which could get you fired for cause and potentially make you ineligible for unemployment.

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