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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesnt pay me?

It has been 7 days tomorrow since "payday." My boss says "he doesnt know when we will get paid."

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 24, 2020

If you don't think they have the money, and that is what it sounds like, start looking for another job. Then contact BOLI as they have a special fund to pay you.

If you think they have the money, then best contact an employment law attorney to discuss your options.

1 Answer | Asked in Employment Law for Oregon on
Q: Is being let go for not being a good fit for the company legal if you got along with all your coworkers?

I was fired on Jan,16 2020 for not being a good fit for the company even though I got along with everyone I worked with. I had been working for them since May 2019 with no issues at all no complaints. I was even sent a text and an email from my bosses on the 16th stating I was scheduled to work and... Read more »

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

Google "Employment At Will" and you can become educated on how employment is in most of the United States.

1 Answer | Asked in Employment Law for Oregon on
Q: Since termination paperwork is not required and I’ve been told I’m fired...

Since termination paperwork is not required and I’ve been told I’m fired but must work another month, if I leave my job now and not work that month is it considered that I quit or fired.

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

Quit in a general sense. Hard to say if you be eligible for unemployment benefits.

1 Answer | Asked in Employment Law for Oregon on
Q: can employer withhold termination paperwork until I’ve worked another month and a half.

I was told verbally that I was to be terminated and this was confirmed by email from HR. Further HR email says their understanding is they won’t supply termination paperwork until I’ve worked another month and a half. I’m fairly certain this is because they haven’t hired anyone to replace... Read more »

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

Other than COBRA and benefits related documents, they do not have to provide you any sort of termination paperwork, assuming this is a private, non-union job. And any paperwork they would be required to do, such as COBRA, is at the time of your last day or later.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can an employer tell employees that they will be terminated if they are caught helping a fired co-worker with hearing

Can an employer threaten employees with termination if co-workers, as witnesses for a fired employee? In an unemployment hearing. I went to my hearing without any witnesses or evidence. I know I could have subpoenaed witnesses but I respected their fear termination. Of course, I was denied again.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2020

It would be unlawful for them to do that, see: https://www.oregonlaws.org/ors/659A.233

1 Answer | Asked in Employment Law for Oregon on
Q: So i recieved a call from my District Manager today, as i am a Store Manager at a Verizon store in Salem, Oregon.

He told me that the store i managed is closing down ( due to cost of business vs revenue brought in ) he stated it wasn't sales related it was just what traffic we had gotten. With that being said my only 2 options are to " take severance " which he stated to be " like 2 weeks pay " or to transfer... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 9, 2020

You should be eligible for unemployment benefits if you take the severance, but ultimately that is up to the employment division.

Yes, it is legal to terminate your employment in this way. This is an at-will state, meaning you or your employer can terminate the relationship at almost any...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: My employer messed up my paper work when I stepped down from a position and ended up terminating me instead.

Due to this, I have not been paid for the hours I have worked and its about to be payday again. I fear it hasn’t been resolved And I will go another month without pay. Can I demand to be paid immediately? I live in Portland Oregon. I am still working for the company so this wouldn’t have been... Read more »

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

Yes, if they terminated you, your final check was due no later than the end of the next business day. Now, forcing them to pay immediately is not possible, but you can put pressure on them since they already owe you a penalty of 8 hours of pay for each day they are late, which adds up. That penalty... Read more »

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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