Questions Answered by Mr. Michael O. Stevens

Q: I hired someone to help with a construction job.pay was under the table. If they got hurt am I liable?

1 Answer | Asked in Employment Law for Oregon on
Answered on Feb 13, 2019
Mr. Michael O. Stevens' answer
Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.

Q: can i collect unpaid wages from when i was a stripper?

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 23, 2019
Mr. Michael O. Stevens' answer
You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.

Q: Can an Oregon employer put a pay range on a job posting they cannot pay? (ie $17 to $25/hr but they can only pay $17)

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 21, 2019
Mr. Michael O. Stevens' answer
Yes. Of course, you don't have to take the job if you were expecting more.

Q: The OSB agrees that I was a victim of the unauthorized practice of law, can I sue the landlord of the guilty party?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Answered on Jan 21, 2019
Mr. Michael O. Stevens' answer
Only if the landlord was somehow involved. But, if I am reading you right, the person just lived there, and in that case, no. You also cannot sue the state because he made money and paid taxes.

Q: Is it legal to have audio surveillance at a restaurant?

1 Answer | Asked in Employment Law, Communications Law and Federal Crimes for Oregon on
Answered on Jan 18, 2019
Mr. Michael O. Stevens' answer
If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.

Q: I had a judgment against me and a garnishment was enforced over a 3200 er bill that was a work comp injury Is this lega

1 Answer | Asked in Personal Injury for Oregon on
Answered on Jan 13, 2019
Mr. Michael O. Stevens' answer
This is why you should have hired an attorney back when you received the notice of the small claims case. You may be able to have the judgment set aside, but seek out a consumer protection attorney (not me) ASAP. Not next week, NOW. Use Google and search to find one. Time is of the essence, and was months ago when you received the letter about the small claims case.

Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Answered on Jan 4, 2019
Mr. Michael O. Stevens' answer
Make a claim with your homeowners insurance, they will handle it. You are responsible for the medical bills, the one-bite rule only applies to non-economic damages, and it is actually more complex than that. But, your insurance will cover it.

Q: Can an employer write up an employee for complaining about hours being cut? Oregon Law please

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 3, 2019
Mr. Michael O. Stevens' answer
If this is a chain that has enough employees to qualify for Oregon's new predictive scheduling law, and they violated that, then he could get compensation for the cut hours and go after them for retaliation as a whistleblower.

Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Answered on Dec 22, 2018
Mr. Michael O. Stevens' answer
The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you do contact them, it could open a can of worms in that perhaps the studio was not properly informed of the sale or it was somehow defective, and they try to get the items back.

Q: Is this workplace retaliation?

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 21, 2018
Mr. Michael O. Stevens' answer
But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.

If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.

Unlikely the 401(k) is going anywhere, that is a benefit, not a right.

Q: can I go after employer for back pay. I agreed to work for 6 month for 1/2 minim wage. 6 month ended and no pay increase

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 19, 2018
Mr. Michael O. Stevens' answer
Yes, you can. You can also hit them with various penalties so they will likely never do it again.

Q: What situations require a landowner to keep their property safe? I'm a hunter so I had permission to be on the property

1 Answer | Asked in Personal Injury for Oregon on
Answered on Dec 18, 2018
Mr. Michael O. Stevens' answer
You likely are barred by recreational immunity: https://www.oregonlaws.org/ors/105.682

If seriously injured, consult with a personal injury attorney to confirm.

Q: How do recreational statutes work? If I'm injured in a state park, does that shield the state from all liability to pay

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Answered on Dec 4, 2018
Mr. Michael O. Stevens' answer
Depends on how you were injured, as in whose fault was it. Be careful, you have to send a tort claim notice within 180 days of the injury though.

Q: Working at Oregon gas station worked 2 weeks no pay on weekly pay schedule call boss he said he fix it on Saturday

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 2, 2018
Mr. Michael O. Stevens' answer
Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.

Q: would my situation be considered workplace harassment? Thank you.

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 1, 2018
Mr. Michael O. Stevens' answer
Most likely not anything improper from a legal standpoint. Not great team building, but not illegal since nothing you say appears to make it based on a protected class.

Q: Does the fact that I was driving without a license mean an at-fault drive can't be held liable to pay for my injuries?

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Answered on Nov 19, 2018
Mr. Michael O. Stevens' answer
Not exactly. There is a law that if you were driving without insurance you cannot recover what are called non-economic damages, such as pain and suffering. And if you did not have a license, you may not have had insurance either.

But, even if that is the case, you can still get economic damages, such as medical bills and property damages.

Q: painting contractor refused to pay travel time despite 1-4 hrs of travel each day, would this be a valid claim?

1 Answer | Asked in Employment Law for Oregon on
Answered on Nov 15, 2018
Mr. Michael O. Stevens' answer
For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.

There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at least talking to an employment law attorney in your area.

Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

2 Answers | Asked in Business Law and Employment Law for Oregon on
Answered on Nov 12, 2018
Mr. Michael O. Stevens' answer
While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

Q: I got food poisoning at a required work dinner and so did a bunch of other coworkers. Do I sue my employer or the

1 Answer | Asked in Personal Injury for Oregon on
Answered on Nov 5, 2018
Mr. Michael O. Stevens' answer
You can't sue your employer, as you can only file a worker's compensation claim as to your employer. You can go after the caterer, though you do have to prove they were the ones responsible.

Q: can i be given a modified 24 hour notice to vacate if i live with an onsite manager who is transfering to another site?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Oct 29, 2018
Mr. Michael O. Stevens' answer
If the tenancy is related to employment, and it sounds like it is through your roommate, then the regular landlord/tenant laws are not all applicable.

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