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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Employment Law, Communications Law and Internet Law for Oregon on
Q: With regard to Or. Rev. Stat. § 659.805 does this only pertain to previous employees or any applicant?

I'm a member of a Facebook group intended to connect job seekers and job providers and some recruiters are discussing creating a blacklist and this seems illegal at worst and just a petty move at best. The statute specifically states previously discharged employees, but can this be applied to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

I would say it likely does not apply to your situation.

1 Answer | Asked in Employment Law for Oregon on
Q: Is it legal for an employer to convert a salaried exempt employee to hourly for the duration of grand jury service?

(the grand jury service is ~10-20hrs per week for one month; anticipating ~25-35 possible work hours/week)

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

I have not really dealt with this before, but based on the law concerning jury duty and employers (https://www.oregonlaws.org/ors/10.090) it would appear to be legal.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: In Oregon, can an employer sue an employee for legal fees after employee files BOLI complaint (but is not suing yet)?

After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord withhold my entire deposit? Should I fight it and can I be counter sued, details given in more info.

I moved out last month, at the same time the property management changed hands, my old landlord did the final walkthrough, left a check list and said the damages should come to roughly $200 for carpet clean and painting. That her assessment will be handed along and the new management has 31 days to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 4, 2018

First, consider talking to a local landlord tenant attorney. Otherwise, I would ask the landlord for the accounting required by ORS 90.300(12), and then go from there. If you have solid proof (such as the testimony of the person who did the walk through) it could be well worth your while to proceed... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: How can I file a complaint over $10,000 in oregon court? is this a personal injury suit?

I was hit in the face by a crazed women and her cell phone, while walking the street in Eugene Oregon. I was not at a business. I have horreible scars on my face that makes it hard to be in public. I suffer from massive migraines.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 28, 2018

You just draft a complaint and file it, then serve her. However, you might consult with a personal injury attorney first to go over all of your options.

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: i was hit today by a dump truck from a big company, i am not at fault, but i dont have a license but have sr22.

i had right of way, he had a stop sign, i was turning and he hit me. what do i do now?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 28, 2018

First thing is to understand there will likely be consequences for not having a valid license. But that is likely regardless of if you move forward with a claim. To that end, you should consider consulting with a criminal defense attorney about the consequences, likely someone who handles traffic... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: My auto insurance accidentally expired two days before my accident. Can I still get coverage if I renew it right away?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 20, 2018

If you caused the accident and you are asking if your insurance will then cover the damages you caused, unlikely. However, if they did not give you proper notice that it would expire, then you may have an argument.

If you did not cause the accident, get it renewed ASAP, as otherwise you...
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1 Answer | Asked in Personal Injury and Employment Law for Oregon on
Q: Can I sue after a year for emotional distress if I was abused at a job and management did nothing? Lead to assault

Was abused and harassed by supervisor for 6mths reported it. She assaulted me. I lost my job

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 19, 2018

Most employment law claims have a one-year statute of limitations, so you may be too late. Further, it depends on what the harassment was about, as it has to be related to you being in a protected class.

That said, you could use the harassment against your employer to sue them for the...
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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can lanlord charge anything they want for utilities?

I live in Oregon. They pay the water we pay everything else. We were already being charged $100 a month for water. I live in a duplex. They are increasing it by another $100 with our new lease. That would make the total bill $400 for the whole unit. I called the water company and they said our unit... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 12, 2018

Unlikely this is proper. See https://www.oregonlaws.org/ors/90.315

and https://www.oregonlaws.org/ors/90.532

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1 Answer | Asked in Employment Law for Oregon on
Q: How long does can an employer not pay an hourly employee? I am supposed to be paid monthly.

I work part time as a yoga teacher. I (& most of the other teachers) haven't been paid since the end of December 2017. I am still employed there. Clear answers are not given when I ask when I will get a check. It's not uncommon to receive late and unfunded checks.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 8, 2018

This sort of depends on if you are an employee or an independent contractor. As an employee, the paycheck have to be 35 days or less apart. Their delay means you could hit them with penalties. However, it sounds like they are not financially sound if this has been a problem for some time and past... View More

1 Answer | Asked in Employment Law and Elder Law for Oregon on
Q: I am a care giver and want to quite. They threatening to turn me in foe abandonment. Can they do that?

I work for an in home care giving company and would like to quite now. They told me I have to give at least a two weeks notice or they will turn me in for abandonment. Can they really charge me for that or are they just trying to scare me so that I stay longer?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 7, 2018

Oregon is an at-will state, so people are free to quit assuming you do not have a contract for a specific term.

2 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for Oregon on
Q: guy we were working for assaulted one of our workers 2x and now refuses to pay us. Says we are trying to extort

He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 6, 2018

Hard to follow exactly what happened. If he assaulted you, you can sue for battery. If you were an employee, you can sue for the back wages and a penalty wage. If you were an independent contractor, you can sue for breach of contract.

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1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Are settlements that are signed over email (pdf) legal documents?

I am settling a dispute with a company I used to work for because of bonus money that I was given but I broke my agreement to stay for 2 years. Now I am trying to settle for a lesser amount but the company is refusing to mail me a copy of the agreement and wants me to sign a pdf over email.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 6, 2018

Yes, they are. Federal e-sign makes it legal.

1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: I complained about being sexually harassed @ work and was taken off the schedule indefinitely. Do I have a case?

I complained to HR about the head manager/boss' son getting drunk on the clock and sexually harassing me at work and was told it would be taken care of. I was then told that since nothing could be proven they weren't going to do anything about it and said they were taking me off the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2018

It does sound like you would have a case for the sexual harassment, and potentially other claims. Find an employment law attorney near you to discuss.

1 Answer | Asked in Personal Injury and Civil Rights for Oregon on
Q: Hello, Can you sue a retail store?

My story: I was shopping a retail store, the associate scanned my items and I payed with my credit card. The recipts were printing and I was signed one of the recipts. She asked to look at my credit card when I have shopped in their stores and never asked to look at my card. I decline because it... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 28, 2018

Being able to sue and actually winning are two different things. Here, you would need to show why the cashier asked, and then it would have to be due to some sort of discrimination such as race.

1 Answer | Asked in Personal Injury for Oregon on
Q: Are there different statute of limitations rules for different types of injuries in Oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2018

Generally speaking, no. Most are two years. Wrongful death, which is a type of personal injury is three years, and defamation I believe is one-year.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: trademark filed '17 has a 602 status. can I apply using same word but different graphic for similar purpose as describd

i don't see evidence of it's current use in commerce. but how to prove?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2018

You can, as it is abandoned, but that does not mean your registration will be successful.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: my landlord charged us $300 for a broken railing during the lease and now I’m moving out but he never fixed it. Legal?

The railing was clearly rotting wood but to be fair we where hanging a hammock to it and a near by tree so I understand that’s not exactly it’s intended use. When my landlord found out he gave us about two weeks to make the the payment and then it’s now been 7 months and he hasn’t fixed it.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 17, 2018

The damage was done, so at some point it either has to be repaired or the property is worth less due to the damage. Honestly, to hire a contractor to fix it might cost more than $300.

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