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Questions Answered by Mr. Michael O. Stevens
4 Answers | Asked in Personal Injury for Oregon on
Q: What are the downsides of hiring a PI attorney on a contingency basis?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 1, 2017

The only real one is that potentially you could end up better paying them by the hour. As in, if you pay say $300 an hour, and they only have to work 10 hours to get a settlement, then you pay $3,000. Let's say the settlement is for $30,000. Typical contingency fee agreement is for 33%, so in... View More

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2 Answers | Asked in Landlord - Tenant for Oregon on
Q: I need to find a pro bono lawyer for a tenant landlord issue
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 22, 2017

Attorney's cannot solicit you here, you have to contact them. Try the find a Lawyer link above to search for a landlord-tenant attorney in your area. If you have solid claims against your landlord, the attorney may take your case on a contingency basis, which means you do not pay them up... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord send a text and say they coming to inspect your apartment and not give a time
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 21, 2017

Not generally, as texts are usually not acceptable as written notice. Otherwise, they do not have to give a specific time, but they cannot enter without at least 24 hours notice (unless there is an emergency, such as a broken pipe).

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: a guy exspossed himself to me at work he was fired I was later fired

when I was fired I loved my job so much that I went and asked for my job back they said no.... later told my husband I was not rehireable and it was on my record.... so they just rehired this guy that was fired for sexual harassment they never reported it to the police and they rehired him but told... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 20, 2017

The question is, why were you fired, or at least what did they tell you? Plus, why do you think you were fired?

If your termination was for something unrelated to the sexual harassment, then there maybe nothing to this. If your termination was related to the sexual harassment, then you may...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I was just given notice that my rent will increase $210 on Feb 1st. Is thee a cap on how much rent can be increased?

My year lease will end on Jan 31st. If I go month to month my rent will increase $410 a month. This seems excessive and I am curious about the laws.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 18, 2017

There is no cap in Oregon: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

Portland does have some special rules, but this says you are in Springfield.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired from my job for attending a divorce/custody hearing. My daughter was a victim of abuse. Can I be fired

My wife was convicted of assault then filed for sole custody. Is this a protected reason to miss work

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 17, 2017

Unfortunately, there is no law I am aware of that protects you in this situation. There are laws related to criminal court proceedings, but not civil.

Just make sure they pay your final paycheck by the end of the next business day, if they have not already. Failure to do that will allow you...
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3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: What should I expect out of settling my dog bite case?

A couple months ago I was moving into a friends house and her pitbull and rottweiler attacked me. They got my arm, upper and lower part, pretty good with their teeth and then also on both side of my hip and sliced 2 of my fingers open. Luckily my friend had USAA so I did not have to sue her to pay... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 15, 2017

As also answered elsewhere, the amount of your damages is based on a variety of factors. The amount of the medical bills and the scar issues are what drive the value in dog bite cases.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How many days notice does a landlord need to provide, to increase rent by $50?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 14, 2017

It is not the dollar amount so much as where in the state you live and how long you have lived there:

https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: I'm in a guitar build site and the question is one of trademarks.

If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 13, 2017

The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.

Otherwise, I would venture that even by just putting it on there, there could...
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1 Answer | Asked in Employment Law for Oregon on
Q: Employee commission final pay?

I was let go from my job approx. 1 month ago. As an employee (non-contractor) I was paid a fixed wage and 15% commission. They handed me a small check with all my PTO, but I have yet to hear about anything of my "quarterly" commission which is owed from Q1,Q2, and Q3. How should I move forward?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 6, 2017

Those amounts would have been due on your final check (though there could be caveats). The best path forward is to find an employment law attorney in your area that does final paycheck cases to go after them for those back amounts, plus penalty wages. Most do it on a contingency basis, meaning you... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Oregon on
Q: My question is this.... I clean houses for a living and I've been cleaning my landlady's house for the past year every

two weeks with no problem with the payment. In may I have the landlord issue and she offers to let me and my fiance stay in her rental / Garage. In exchange for rent my fiance will be helping her husband with their other rental renovating it Etc and also around the house because they're... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 6, 2017

Potentially you are owed back wages and penalties. A close examination though of the agreements is needed to figure out the amounts, as it is unclear if your work and tenancy were connected and thus she could withhold as part of the rent.

1 Answer | Asked in Personal Injury for Oregon on
Q: I was injured when the bike I was riding hit a pothole. Can I sue the city for not properly maintaining the roads?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 1, 2017

Potentially, but you have to start with a tort claim notice first. To be successful though, you would need to show the city already knew of the pothole. Even then, you will have to deal with the issue as to why you did not see it.

1 Answer | Asked in Employment Law for Oregon on
Q: I was recently fired from my job and they are trying to make me pay them back for training I received, do I have options

I was hired to work for a Chiropractor as a Chiropractic Assistant. This position requires you to get certified as a CA with the Oregon Board of Chiropractic Examiners. This training cost is $425.00 and was paid by my employer with a contract stating that if I left for any reason before 1 year was... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 31, 2017

This really depends on the contract and the exact wording on that specific clause about re-payment.

1 Answer | Asked in Copyright for Oregon on
Q: I received a letter today: from another Etsy designer stating that I can not use my design

Because it is similar to hers. I used my own image, design and ideas to create this. Yes it looks similar to hers but isn't. I tried to attach the letter but it is too long. Here is part of it?

In light of the above, I must insist that you immediately cease and desist from all... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 24, 2017

This is a rather complex question, and one that in many ways becomes a matter for a jury. Similar to what is the meaning of life.

That said, if your business is profitable, might consider sitting down with a copyright attorney; if not profitable, might not be worth the fight/hassle.

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Juvenile Law for Oregon on
Q: Do you take personal injury cases due to the State of Oregon DHS's wrongful taking of children/falsely accusing parents

Basically I'm asking if you take cases involving lawsuits against the State of Oregon?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 18, 2017

I don't, and attorney's cannot solict your business here anyway. You will have to search one out.

Also, note that suing a government agency means filing a tort claim notice within 180 days of the incident, so if that has not happened, that needs to be done quickly.

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Sexual Harassment for Oregon on
Q: I was contacted on Facebook by a plasma donation center employee to try to date me using person info provided

I went in to donate and later received a Facebook message from an employee asking me out and telling me his boss would kill him when he knew. I feel totally violated and tried to be polite as I plan to frequent this center and need the money. What are my rights here? Can I sue for privacy... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 16, 2017

It is possible this violated HIPAA, and in that sense it could be an avenue to sue. However, HIPAA has no private right of action, so it is done via a breach of contract claim. The difficult part is that your damages would be hard to quantify. A demand letter to the facility may be enough though... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: Can my boss fine employees for discrepancies he can't prove who did or that no one fixed?

We had to sign a form. If one of us didn't put tools away, we would all get fined. If an employee parked where the boss doesn't want, another employee doesn't make the cars owner move it, he fines all of us.

If there's trash and we don't pick it up, he fines us.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 10, 2017

I would say any fines are not legal, and he could get in a lot of trouble if he deducts such from your wages.

http://www.oregon.gov/boli/TA/pages/t_faq_tadeduct.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: I was working on prevailing wage job then my employer got new equipment and said he couldn't pay us prevailing wage.

Nor will he pay for travel time I said I didn't want to work until I got paid up and weeks go by and still nothing and I told him I was done.now I'm looking for a new job while bills are piling up

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 9, 2017

You have a few options, but I will say an employer cannot opt out of paying prevailing wages on a job that requires it. One option is to file a wage complaint with BOLI, another is to retain an attorney to go after it (which is usually done on a contingency basis), but none are particularly quick.... View More

3 Answers | Asked in Personal Injury for Oregon on
Q: My son rented a truck that turned out to have bad brakes

- he was involved in an accident and another person was injured - is my son on the hook for all of this, or can we go after the truck company?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 6, 2017

Turn it over to his insurance and let them figure out who to go after.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it legal for a person to evict somebody off land that they don't own? As if they were a tenant
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 4, 2017

Potentially. Property owners use agents such as property managers all of the time and vest in those people the power to evict.

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