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Questions Answered by Mr. Michael O. Stevens

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Does my employer have the right to alter my time card simply because he disagrees what I recorded as work time.

We self record are time in 15 min increments on an honor system. The rule is to keep track of your own time since the crew all have slightly different tasks and often clock out at different times. I also keep a log book of all job duties, times, appointments, etc. Last month my boss docked my check... Read more »

Mr. Michael O. Stevens answered on Sep 4, 2019

You can, but be prepared to be fired. It would be unlawful retaliation, but the wage theft is also unlawful. My suggestion would be to find a new job first.

Also, if you do file a complaint, focus only on the hours docked. The fact that you are a foreman and there were bad bids has nothing...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: I asked for sick pay because my made me come to work or I was fired and he would keep my last check. I lost my voice

I was visibly sick , I lost my voice. I cook at a hibachi grill , I couldn't communicate with my customers and I had to work the entire shift. I had to try and yell and my voice was completely gone the next day so I said no when he tried to force me to work. I went to work still sick the next day,... Read more »

Mr. Michael O. Stevens answered on Aug 22, 2019

I don't believe there are liquidated damages for sick pay violations.

1 Answer | Asked in Employment Law for Oregon on

Q: If my final paycheck wasn't payed to me when the law requires it be ? Does my employer have to pay me a full days wages?

My boss suspended me indefinitely and then he kept my final paycheck because of a draw taken , I told him it was illegal and made him pay me. He was about three weeks late paying me and he changed my dependents to exempt and took 25% of my take home for himself. I have a court ordered child support... Read more »

Mr. Michael O. Stevens answered on Aug 22, 2019

There are a lot of things going on, but yes, it sounds like he would owe you a minimum of 8 hours of pay for each day he was late. But there is the possibility he owes more, a lot more. You should contact an employment law attorney near you to discuss.

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on

Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs

I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?

Mr. Michael O. Stevens answered on Aug 22, 2019

For regular breaks, you get nothing. BOLI can fine them, but you don't get that money.

For lunches, it depends on if you were paid for that time or not as to if you can get something. Again, BOLI can fine them for it, but you get nothing unless you were not paid for the time.

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1 Answer | Asked in Employment Law for Oregon on

Q: Can a employer garnish a employees wages without a signed document giving permission to do so?

Can an employer change an employees dependants to exempt so that he can deduct wages for a draw given with no document signed by the employee giving permission to do so?

Mr. Michael O. Stevens answered on Aug 22, 2019

Garnishment and a draw are two different things. A garnishment is a legal process your employer cannot do without being told to do it by someone with authority, such as a court; or if it is for their own purposes of money you owe them, only after they get a judgment from a court.

A draw is...
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1 Answer | Asked in Employment Law for Oregon on

Q: Can a civil case move forward without having the defendant served or being served?

Oregon state/Deschutes county

Consultant claims he was an employee

I am considered a consultant by the company as well (they denied I am an officer)

Case apparently filed without my being served

Mr. Michael O. Stevens answered on Aug 8, 2019

It con proceed for a short while, but check the court records to see if you were actually served. Just because you are not served like you see in the movies does not mean you were not served. There are many ways to serve someone.

1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on

Q: Can an employer fire you when you get hurt on the job and your claim accepted by workers comp?

My workers compensation claim was accepted and medical treatment started. My employer terminated me 3 weeks after the accident and now I am denied any monetary benefits. Should I consult a workers comp and employment attorney?

Thank you. I reside in Oregon

Mr. Michael O. Stevens answered on Aug 1, 2019

You should consult a worker's compensation attorney to deal with the denial. They can still terminate you, they just cannot do it because you filed a worker's comp claim. As in, they cannot retaliate against you for filing the claim. If you were drunk driving forklifts off the loading dock, they... Read more »

3 Answers | Asked in Personal Injury for Oregon on

Q: I am trying to find a lawyer who will help me with my personal injury case on an hourly basis. Any suggestions?

Mr. Michael O. Stevens answered on Jul 18, 2019

I doubt any attorney advertises that they do that sort of thing, so you will just want to call/email some attorneys and ask. Search for ones that do personal injury cases so they know the pitfalls to watch out for.

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on

Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... Read more »

Mr. Michael O. Stevens answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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1 Answer | Asked in Employment Law for Oregon on

Q: i was unlawfully terminated in 2010 while working at jack in the box, i was medical leave at the time

i was employed at jack in the box in 2010 and i was on medical leave, and while in the hospital, they started to go franchise and i wasnt able to be there to sign the paperwork to transfer my employment, and that was no way for me to be there, i had called multiple times, the first time they said... Read more »

Mr. Michael O. Stevens answered on Jun 17, 2019

The statute of limitations on almost all discrimination at the moment is one year, so you are about 8 years too late.

4 Answers | Asked in Personal Injury and Car Accidents for Oregon on

Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?

My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on

Mr. Michael O. Stevens answered on Jun 7, 2019

As a passenger, your uncle can go after you and/or the other driver, same with your boys. Your uncle and boys should get attorneys to handle their claims.

You can consider getting one yourself as well, as you can still get some amounts, but not having a license and insurance creates some...
Read more »

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1 Answer | Asked in Copyright for Oregon on

Q: Can I use the trademarkednwords ¨Think Different¨ for a non-commercial magazine?

Mr. Michael O. Stevens answered on May 27, 2019

Basically no. You could get a license from them (IBM?), but that is about it.

3 Answers | Asked in Personal Injury for Oregon on

Q: I was electrocuted In Goodwill

I was testing an electric blower and the employee from the store handed me a bad extension cord that was missing the ground yea and I was electrocuted.

Mr. Michael O. Stevens answered on May 27, 2019

If you got a burn or sought medical treatment, then it might be worth it, but it would likely be a small case.

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1 Answer | Asked in Employment Law for Oregon on

Q: Can an employer demand from an employee who raised concerns to state authorities via a hotline, what was reported?

My daughter worked last summer in a child care and had concerns that she raised to DHS via a hotline. At least one more employee did the same. There was an investigation and subsequently the center’s license renewal was denied. My daughter is no longer working there (she wasn’t fired but left... Read more »

Mr. Michael O. Stevens answered on May 15, 2019

She has no obligation to ever talk to a prior employer about anything.

1 Answer | Asked in Employment Law for Oregon on

Q: You will also receive Company’s standard employee benefits package(including health insurance), and will be subject to

To Company’s vacation policy as such package and policy are in effect from time to time.

Not sure what to do.

Mr. Michael O. Stevens answered on May 8, 2019

You can always send a demand letter to them, or talk to an attorney about sending one.

1 Answer | Asked in Employment Law for Oregon on

Q: Hi, I was Fired for not doing my job when I got hired I sign to do something else. Can I collect my vacation time wages

I did received my last check but no vacation time.. It's that normal..

Mr. Michael O. Stevens answered on May 8, 2019

Whether or not you are entitled to them depends on if the employer had a policy to pay them, or if in practice they paid them out.

2 Answers | Asked in Landlord - Tenant for Oregon on

Q: In Oregon who's responsible for a rodent ingestion in your place the tenant or the landlord?

The manager says it's my responsibility to take care of the I live in a low income government subsidized complex ran by a out of state company

Mr. Michael O. Stevens answered on Apr 16, 2019

Rodent's are a habitability issue, thus the landlord needs to as a general proposition.

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1 Answer | Asked in Employment Law for Oregon on

Q: Hi - I had a question. I was an outside sales rep. The first three months I had a base salary, then months 4, 5, and 6

Were draws against commission. Nowhere in the signed job offer did it stipulate that I have to repay the draws after terminating my employment. Do I have to repay the draws? I had taxes deducted from the draws.

Mr. Michael O. Stevens answered on Apr 12, 2019

Possibly not. There are very specific rules on repayment of draws, and there may be unlawful deductions due to this that could potentially wipe out the debt, might even put some money in your pocket if done right.

3 Answers | Asked in Personal Injury, Civil Litigation and Small Claims for Oregon on

Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?

We were both living with her friends from work and we got in a fight one day going to work/school and during her day at work she broke up with me and I was immediately rendered homeless. This caused me to have to move to another state and be unable to go to the college. It was past the time limits... Read more »

Mr. Michael O. Stevens answered on Mar 29, 2019

No.

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1 Answer | Asked in Employment Law for Oregon on

Q: I was given an employee review that I disagree with. I want to know if I’m required under law to sign it.

I live in Oregon. If I am required where is the statute?

Mr. Michael O. Stevens answered on Mar 19, 2019

There is no law that requires it. However, there also is no law that requires you to show up to work on time. The point being, your employer can require it and refusal could be seen as insubordination.

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