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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Education Law and Personal Injury for Oregon on
Q: I have a lawsuit filed in Federal Court against the local school district: can I contact the paper?

My lawyer said "Shouldn't be from you" but my girlfriend called because it was such a travesty & I am in "full-blown" panic mode all the time. Her boyfriend is sports reporter for ANOTHER paper.... he said "Hell yes, people call all the time about their own situation!"

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 21, 2016

Can and should are two different things. Can you, yes, should you, no. Ethics rules prohibit/restrict what attorneys can do in such situations, but not the litigates themselves.

1 Answer | Asked in Employment Law for Oregon on
Q: Is an employer obligated to notify an employee of their salary in writing? ie in writing when when being hired?

Salary = hourly pay in this case

I understand in OR an employer is not obligated to provide a job description.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 21, 2016

No, there is no law as such. Keep in mind these are just contracts, and oral contracts are enforceable. I would say there would be an exception that if the employment is for a set term that is for more than a year, then because of the statute of frauds would apply, the contract would have to be in... View More

1 Answer | Asked in Employment Law for Oregon on
Q: is an employer obligated to provide a job description?

is an employment agreement and/or written offer ever required? This is for the State of WA or OR

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

In Oregon, no.

1 Answer | Asked in Probate for Oregon on
Q: My brother passed away a few months ago. He has no kids. Who inherits his estate. And should I be notified.

There is 6 siblings only 2 left living. 2 of us inherited shares in home and land from our father. Then years later our mother died and her shares were devided between all 6 siblings. My brother also has other property . I tried to find his estate through Oregon and the county courthouse. No... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

No way to tell. For one thing, did he have a will or an estate plan? Those would determine who gets what. If he died intestate, then the intestate laws determine it.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord didn't prorate my last month rent and won't return my money timely, what rights do I have?

My last month rent should have been prorated for 6 days but the landlord took the full month (through auto payment) and won't refund me timely. It has almost been 2 weeks.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

I would suggest contacting a landlord/tenant attorney to discuss your options. They would be able to look at the situation and better advise you as to if you were entitled to the rent even being prorated.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on
Q: can my attorney have my works safety records and my specific safety complaint requested?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Potentially. Employees in Oregon have a right to their employee files (though such a file may or may not include the specific records you are looking for), and if there is a lawsuit they could be demanded in discovery.

1 Answer | Asked in Criminal Law for Oregon on
Q: My son is 19 and he got his girlfriend of 17 years old pregnant. Can he get in trouble for that?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Yes. There is a defense if they are within 3 years of each other, but that is just that, a defense. He could still be arrested for the sexual contact, and the pregnancy makes pretty solid evidence there was sexual contact.

1 Answer | Asked in Criminal Law for Oregon on
Q: Can an 18 year old in the state of Oregon get thrown in prison or jail for getting a 16 year old pregnant

We are trying to get married in Idaho where its legal but I don't know if that will stop him from being thrown in jail.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Yes. The within 3 years defense is just that, a defense. He could still be arrested for the sexual contact, and the pregnancy makes pretty solid evidence there was sexual contact.

1 Answer | Asked in Criminal Law for Oregon on
Q: If my daughter is 17 and she's dating a 14 year old, is it illegal for them to be together if they aren't having sex?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Most likely it is not illegal. This does assume he is not a registered sex offender or that there is nothing else going on, but if they do not engage in any sexual activity there is nothing criminal.

1 Answer | Asked in Copyright for Oregon on
Q: Am I violating copyright law?

I have a concern about a copyright laws. So I was designing my art for my Graphic Tee when I realized that I may have been violated a copyright grounds. What I drew is a Maleficent's crown with a quotes from the movie 'Maleficent'. So I was wondering did I violate any copyright... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

First, it would likely not be fair use as it appears you are looking to perhaps sell copies of your work. Without seeing your work and what the original looks like it would be difficult to tell if you were or were not infringing.

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My sister stole my dog, its registered under my name, she won't just give her to me, how can I get her back?

My sister agreed to watch my dog while I was out of town, when I got back she said she was keeping her and that that sucked for me, the dog is registered under my name, I have all of her adoption papers and everything but if I go to her house she won't just give her to me, how can I get her... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

I would suggest filing a police report. The police will likely not do anything other than take the report, as they will consider this a civil matter, but it might be enough to get your sister to turn the dog over.

1 Answer | Asked in Contracts for Oregon on
Q: is a sale agreement legal if it was rejected, the sellers counter rejected, but buyer said would counter, no counter was

provided, but an addendum was. we have a signed addendum , but no accepted sale agreement or counter of any kind. so, do we have a legally binding contract based on an addendum only?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2016

Too complex to know without reviewing all of the documents.

1 Answer | Asked in Criminal Law for Oregon on
Q: If my friend and I are charged with the same offenses would it be more work for a lawyer to defend us both?

What I mean would it be more work and expensive for a lawyer to defend us both vs him just defending me even though it is the same case?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2016

Putting aside if it would be more work or expense, the bigger issue would be if the attorney could ethically defend both of you. You and your friend may have a conflict in the case making it impossible for the attorney to defend both.

1 Answer | Asked in Traffic Tickets for Oregon on
Q: Could I possibly get my citation for speeding dismissed if information on the citation is wrong? (car model, make, year)

I received a citation for speeding. The officer put on the citation that I was driving a 1984 Volvo 240, when I was driving a 1996 Honda Accord. Also the last digit of my license plate is wrong on the citation. Also the officer said I was going 85 MPH in a 65 MPH zone which is 11-20 MPH over the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2016

It would still be worth fighting, mostly over the amount over, but don't hold your breath that the judge will dismiss just on the other errors.

1 Answer | Asked in Civil Rights for Oregon on
Q: Is it legal for the police to go to my landlord and tell them that I was arrested?

I was arrested downtown and had nothing to do with were I live.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2016

Yes, your arrest is public record.

1 Answer | Asked in Small Claims for Oregon on
Q: Islf someone is trying to serve my parents but gives the serving papers to my 13 year old sister is that legal?

My parents we not home and the lady serving the papers told my 13 year old sister she had to take them.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2016

No, they would have had to be 14. See http://www.oregonlaws.org/ors/419B.824

That said, fight process of service can be a losing proposition. I would suggest not ignoring it, and submit it to your insurance if applicable (auto/renters/homeowners).

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am moving out and am hearing from others that the landlady is planning to not refund my deposit. What are my rights?

When I moved in I took over the lease from a friend, with the landlady's permission to do so. However, the place was not cleaned and there was no walk through when I moved in. I cleaned it and made small repairs that were needed because the landlady was unavailable to meet with me, despite... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

If you took over the lease, you are likely subject to what it looked like/condition it was in when your friend moved in. This depends on what you lease says. If the flooring was fine when your friend moved in and the items were not broken when they moved in, then you may be on the hook. In general,... View More

1 Answer | Asked in Criminal Law, Libel & Slander and Employment Law for Oregon on
Q: Can a retail owner send security video of a person (not employee) to that persons employer even without a crime?

I was in a convenience store at the airport after my shift and we were swapping gossip and rumors about the store being for sale and the company I work for is interested in buying it.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

If they want to they could. Not sure why this is tagged with criminal law and slander, as you indicate no crime was committed and unless they alter the video the video shows what it shows so t here could be no libel/slander.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am renting a lower level basement and was told I have to be out due to the house being and "asset in probate"

,I have been here a little over a month and I had agreed to a 6 month lease. I gave them rent and minutes after I did is when they told me I needed to look for a new place.Now I understand that this has something to do with the death of someone but I am confused because they do not own this house?... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

If you have a six-month lease, you have a six-month lease and they cannot just evict you. Whomever the new owner is takes it subject to the existing lease. My guess is your landlord is subleasing to you contrary to their own lease and found out their own lease is being terminated so they have to... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: Can I still pursue a lawsuit

Hi I was 6 years old when an incident occurred involving myself and my grandpa who was the driver at the time. I was riding my bike and my grandpa hit me with his vehicle and somehow I was under the vehicle. I suffered with a broken left arm and my right ear was almost all torn off and had to get... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

It is way too late. However, it is possible they did a settlement back at the time. If they did, any settlement funds should have been put in trust and would have been yours when you turned 18.

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