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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: I have an eviction that starts tonite but I have proof now that I owe my home not my trustee or trust.

what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please

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

You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired from my job, on Friday. Told my boss I would be in Monday by 5pm for my check was told not until Tuesday

She never formally fired me claimed I quit when in fact I didn't

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

But what is your question? If you were fired, your check was due Monday, and they have to pay a penalty wage of 8 hours a day until you are paid, up to 30 days.

1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesn't pay me my wages until 2 weeks after he fired me?

I was fired on Tuesday October 8th. My final check just came in the mail today and on it it even says October 22nd.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 24, 2019

You can go after him for a penalty wage, which is 8 hours per day at your hourly rate for each day it was late. Attorney's usually do this on a contingency, meaning you don't pay them any fees unless they get something for you. Even at $15 per hour and if it was 10 days late, translates into a... Read more »

3 Answers | Asked in Civil Litigation, Personal Injury and Car Accidents for Oregon on
Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... Read more »

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

Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

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1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: I was fired by my company after 5 years with no documentation of the reason. Do I have a case?

The reason given was “lack of confidence to do my job”. I asked for supporting documents and was given none. I saved the company 500k in payroll alone by cross training in my department rather than hiring. Just before I was let go I saved the company 78k in annual paper costs by switching to... Read more »

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

Based on what you wrote, no. Employment is at will, they can fire you for most any reason, and they do not have to give you the reason. Now, had they fired you because you were black, white, gay, straight, male, female, or similar (as in because you were one of those, not that you are one of those)... Read more »

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
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
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
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
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
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...
Read more »

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
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
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
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
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
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
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
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
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
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
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.

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