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neighborhood?
answered on Feb 14, 2018
You could, but unlike dogs, there is no statute as to economic damages that makes it easier to win: https://www.oregonlaws.org/ors/31.360
When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is... View More
answered on Feb 12, 2018
Because you did not have insurance, you may not be able to recover for your pain and suffering. You would be able to go after them for your economic losses (medical bills, property damage), and there can be exceptions as to the pain and suffering part - namely if you were uninsured for a short time... View More
We purchased a stack of old letters (perhaps 70 years old), and would like to use them as the basis for a book/podcast/video series/photo gallery.
Is there any reason we couldn't use or sell works that contain the names/addresses/content/etc. or photos of the actual items? Are we... View More
answered on Feb 6, 2018
This should not be an issue as to copyright, as addresses would not in this format likely be copyright-able.
Could be an issue as to personality rights though.
when I am requesting non-economic damages, do I have to cite the subheadings all the way to the category of their profession? Or will ORS 31.250 do?
answered on Feb 2, 2018
If you are requesting punitive damages, you really need to have an attorney as this is a complex process.
My landlord emailed this to the potential future management company that requested the previous landlord to fill out a referral form:
We are not going to complete your form. After consultation with our attorney, we have decided to provide the following statement:
"It is our... View More
answered on Jan 26, 2018
I'm not seeing where they say anything negative, they just keep it to simple facts, and there is no way to force them to fill out someone else's form.
I was given offer letter stating leadership position at leadership payrate. I signed offer letter.
I was then given leadership training, have leadership access, and have been operating in a leadership role alongside one other leader in our market.
Fast forward 5 months to today,... View More
answered on Jan 22, 2018
Yes, they can, or at least most likely. Employment is at will, meaning they can change any conditions of employment as well with prior notice. That would include your position. The exception would be if you have an actual contract saying you are to work a specific job and only that position. The... View More
answered on Jan 18, 2018
He cannot hold your tools or paycheck, or at least most likely, and would be subject to penalty wages for withholding the check. I would contact an employment law attorney in your area to discuss your options. Most have a free initial consultation, and many take cases like this on a contingency.... View More
And the name is not in the trademark database that I can tell.
answered on Jan 11, 2018
It is really impossible for any attorney to provide a comprehensive response without knowing what the name is. The state will literally let you register just about any name if no one else is using it. Trademark though is much harder to provide an answer, though if your search via TESS found... View More
answered on Jan 11, 2018
Yes, this is legal, an employer is not required to inform an employee as to why they were fired, regardless of how long they have been an employee. But, she should make sure she receives her final paycheck no later than the end of the next business day. If she does/did not, she can get potentially... View More
answered on Jan 10, 2018
This would be what we call medical malpractice, and it happens because we are humans and prone to errors. Hopefully she did not have any bad reactions. If she did, then you would have a good medical malpractice case. If she was not harmed, there is still a small case, but not worth much (I settled... View More
I am a tenant and after 3.5 years living in the same apartment received notice that the property management company that I signed a lease with has decided to no longer manage the property where I live. There notice states that a new management company will be taking over the management of the... View More
answered on Jan 9, 2018
No, your lease is with the owner, just managed by the property manager.
wasn't able to cover a shift then was physically assaulted by the manger then fired. She then was fired a few days later for the assault after multiple witness reports were filed.
answered on Jan 9, 2018
For not being able to cover the shift, there is no protection (note the law is changing on that, but it does not apply to all employers). For the assault, you may have a case against the manager and the employer for that, potentially even a wrongful discharge if you were fired for reporting the... View More
answered on Jan 9, 2018
Generally speaking all drivers owe a legal duty not to hit pedestrians. To prove the then breach, you convince the jury or arbitrator that they breached this duty and that you were not at fault. If you were in a crosswalk or walking on the side of the road, that tends to be easy. If you were... View More
It was not for "no cause", I was told by my immediate supervisor it was because when called in on my day off, I declined to come in., Then when I talked to the owner he said it was for a different reason that was provable as false (not completing my work on time, 4 people backed up that I... View More
answered on Dec 23, 2017
Oregon is at will, meaning they do not need cause to fire you. They literally could fire you because you wore a blue hat to work. Now, once the Predictable Scheduling Law takes effect next year, then they would not be able to fire you for something like this, assuming the employer is subject to the... View More
I was terminated by Amazon Retail LLC on 12-14-17. Pursuant to ORS 652.140(1), they should have paid me all wages in a paycheck by the end of the business day the next day, that would be 12-15-17, today. They have not done so, even after I made a good faith effort to collect on the telephone. They... View More
answered on Dec 15, 2017
You can file in small claims court, but it is not 8 times what they owe you. It is 8 hours of pay per day they are late. So, you get 8 hours of pay starting tomorrow.
I would actually suggest waiting until you get your final paycheck (Amazon will probably due it in a few days), that way you... View More
answered on Dec 15, 2017
This information from the bar should help guide you: https://www.osbar.org/public/legalinfo/1256_GettingRepairsMade.htm
his property?
answered on Dec 11, 2017
Prior incidents, or witnesses that were told by the landowner of the condition.
Placed on a performance improvement plan (PIP) last year and passed it. Agreed to seek further training at my expense and did, although allowed to attend class on company time.
One month after class began, I was offered a severance package or a voluntary demotion. Offer not in writing.... View More
answered on Dec 7, 2017
Unfortunately, it dos not sound like it. If the issues were related to you being in a protected class, that would be a different story, but you make no mention of the issues being related to that.
answered on Dec 6, 2017
Usually yes, but if your lease has some sort of landscape maintenance provision that allows them to for that purpose, then they would not if that is why they are there.
No other costs incurred, state of Oregon
answered on Dec 2, 2017
Hard to say, as you may have your terminology confused. If you settled for $150k, then you settled for that amount which reflects any discount (or should). If you got a jury verdict for $150k, with a 25% reduction then the award is $112,500, and your attorney would take 25% of that, which is... View More
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