Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have been living in my home since 1/1/16 rent always paid in full on time. No contract issues at all.

On 6/26/17 I received a 60day no Cause notice. My question is. My moving fees included last months rent. I paid rent on July 1st for july so my last month will be Aug 26th. IF I move before the final date, for instance august 1st. Am I entitled to get refunded the rent for the days not lived in the... View More

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

If you had given 30 days notice yourself to be out by 8/1, then yes.

You might negotiate with the landlord though and see if they will let you out sooner for a refund of the rent, as they might want to get you out sooner to be able to get to work on preparing it for the next tenant.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Oregon on
Q: Discrimination?

Do I have a leg to stand on as to getting unemployment then?

The first appeal is happening next week, they denied the first request although.

This goes a little deeper , I had a procedure done( abortion) , I already can't give my daughter the attention a toddler needs due to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 19, 2017

At the hearing, if the employer does not produce the voicemail (first to you prior to the hearing) then object that they have no evidence to support termination for cause. In general, your argument will be that even if they had cause to fire you (assuming there were no extreme circumstances), you... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: I got fired for leaving a voicemail to another employee, I don't think I even left a VM. I was given no info on said VM

I feel this was illegal, misconduct is why I got denied unemployment benefits. Worked for the company a year and a half (sales) and was a top employee my whole career . I was never given any option to review said voicemail. I may have put an inappropriate word in a a VM, but never directly towards... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 19, 2017

Let's start with the unemployment denial, did you appeal and have a hearing? At the hearing the employer would need to provide a copy of the voicemail if they wanted to use it to deny benefits. Otherwise, the employer would not need to provide you with a copy.

The fact is, employment...
View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: I live in a apartment and how i got to live in this apartment is by the owner. He put me in the apartment a year ago to

Date. Now that he sold the apartments he kicking me out. Can he do this to me

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 11, 2017

If you are a tenant, then you have protections and he can only "kick you out" by following the law and giving you proper notice to vacate.

View More Answers

1 Answer | Asked in Civil Litigation, Personal Injury and Workers' Compensation for Oregon on
Q: I was just informed I meet all criteria under ors 147.015 and will be compensated under ors147.005 to 147.365

What claims can I file? Can I still request my rights?

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

You really should find a worker's comp attorney. From my understanding, is they are paid in a way that does not decrease what you get.

1 Answer | Asked in Employment Law for Oregon on
Q: I was terminated for sending an email. I worked for a company X which is a vendor to company Y.

Because I am a FSE, I needed access to company Y to support our team. Company Y declined issuing me a badge. I tried in vain to get them give me the reason for the denial, but never gotten any answers. After 2 years of trying, I decided to email company Y's CEO asking for help, and I used my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 5, 2017

They can fire you for that, or for any reason, or no reason at all, as long as it is not illegal. Illegal gets into discrimination, as in they fired you because you are gay, or Jewish, or Hispanic, etc.

As to signing, basically they are offering a severance package. To get that money, you...
View More

2 Answers | Asked in Personal Injury for Oregon on
Q: How does PIP coverage work? Is it required in Oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 30, 2017

For auto policies in Oregon, it is required. Not for motorcycles though. I do believe there is a way to waive it, but it has to be in writing.

As to how it works, if you are injured in a car accident (or if you are covered under a policy and injured as a pedestrian or bicyclist) then your...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me a no cause 30 day eviction and I told her see her at court but she will not stop harassing me.

Hello. Right now I am looking for a lawyer to help me with an extremely difficult landlord who happens to be a lawyer herself but has broken the law on numerous occasions. She avoided our calls and requests for months when our fridge/washer/dryer was broken (she just sent her son to collect the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 26, 2017

Sorry to hear about your situation, but attorneys cannot solicit your business. Search for a landlord-tenant attorney in your area (there are lots of directories), focusing on those that mainly assist tenants. Once you narrow it done to a few, check for reviews online to ensure a good fit, and... View More

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: Employee taking vacation for surgery. Their job requires them to be able to lift 50lbs- I have no other job for them

Am I on solid legal footing if I don't allow them to return to work until they are released to lift required weight?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 23, 2017

As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.

1 Answer | Asked in Employment Law for Oregon on
Q: Do my supervisor and I have a conflict if interest?

My supervisor and my ex who've I've been broken up could pass for identical twins but I don't think there's any connection between the two. I know this is a stupid question but is this a conflict of interest or just a strange coincidence?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 23, 2017

Perhaps there is a conflict, but there is nothing illegal about it, even if there was a conflict of interest.

1 Answer | Asked in Employment Law for Oregon on
Q: I was excluded from a job I qualify for because I was not provided with a testing time that is required for the job.

I applied for a job and was accepted into the second round of the hiring phase - during this time, you are required to take a test before a deadline before you can move on to the actual interview portion of the hiring process.

The problem is that they accepted me into the second round AFTER... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 22, 2017

Assuming this is not a government job or a union job, then likely there is nothing to do. Now, if you think they did this because you are in a protected class, then that changes things. However, you mention nothing about discrimination.

3 Answers | Asked in Landlord - Tenant for Oregon on
Q: I am renting a room in a man's house. Can he 1) enter daily when I'm not there and 2) dictate that I make the bed?

I have been renting the room month-to-month with a verbal agreement, no signed lease or written "rules of the house". We got along poorly and I gave him my written 30 days notice yesterday (I have rented for only 3 weeks), though I hope to move out sooner if I can. He has entered my... View More

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

I would suggest finding a landlord-tenant attorney in your area to discuss. It sounds like there was an unlawful entry that he admits to via text, which could be worth a month's rent. Plus, attorneys will often take these cases on a contingency basis, meaning you pay the attorney only if you... View More

View More Answers

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I'm being told that I have to wait 2 years before I start a business from my employer. But there isn't anything in the

Contract or in the policy. Now they are saying it was verbal during my orientation. But they never said anything about a restriction. And every coworker I've talked to has never heard that in their orientation either. What should I do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

Consult with an attorney in your area to discuss to go over your options. Though, unless you are planning on leaving, this is all academic at this point.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Does 2 year restriction have to be in a contract or in a policy book?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

If you are talking about a non-compete, Oregon law has a bunch of limitations, and one of those is that it can only be at most for 18 months: https://www.oregonlaws.org/ors/653.295

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Hello. Right now I am looking for a lawyer to help me with an extremely difficult landlord who happens to be a lawyer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

Then use the find a lawyer link above to search for one in your area. Attorney's cannot contact you in this forum, you have to contact them. More importantly, the link will help you locate one in your area, as this is a state-wide forum.

View More Answers

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord make you get rid of a camper if it's not stated in the rental agreement that you cannot have one?

The landlord has made excuses that the city and the county does not allow it but we found out that was false.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

They likely cannot, but note that if you are on a month-to-month lease, they could then require a new lease that has that provision with proper notice.

2 Answers | Asked in Personal Injury for Oregon on
Q: If another person injured me on a ski slope can I hold the ski resort responsible too?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 16, 2017

Potentially, though I would say the ski injury issue is still an open question in Oregon. In the past, due to the inherent risks of skiing, you could not recover against the ski resort. I would suggest finding an attorney who has actually handled these types of cases to consult with.

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: I want to open my own shop but was told I would have to wait 2 years, could they come after me if I do?

I work at les schwab and I want to open my own used tire store. but I was just told that when they gave me my presentation (a year ago) i would have to wait 2 years before working with a competitor. but there's nothing in writing, can they sue me or do anything to me??

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

Are you sure you did not sign something when you were hired?

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: is my employer allowed to not give me a copy of my contract if I ask for one?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 15, 2017

You may not be able to force the issue. The law on your file is ORS 652.750, and as to which records you are entitled to, they are as follows:

... the personnel records of the employee that are used or have been used to determine the employee’s qualification for employment, promotion,...
View More

1 Answer | Asked in Employment Law for Oregon on
Q: i was turned down for unemployment because i was fired for misconduct can I win my appeal?

a friend owed me money from an old debt. i tricked him to sending me the money because he forgot he owed it to me he sent me the money , then when i told him he was furious and sent two months of chat records to all of the banks top managment., what got me fired was i made a phone call to him... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 8, 2017

Potentially. First, usually you have to be on notice that your job is on the line, such as a performance plan, due to little misconduct such as is alleged here. Secondly, you could also win if you can prove what you say as to there not really being a policy, or that the policy was as you say. Just... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.