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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord gave me 60 days notice without stated cause. Do I still have to give her 30 days notice?

I would like to give her 2 weeks and have rent pro-rated since she's asking me to leave.

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

If you want to leave before the 60 days is up, yes, you would have to give her 30 days notice. If she wants you out sooner, you might be able to negotiate two-weeks notice with pro-rated rent, but you do not have to move out earlier than the 60 days and she does not have to allow you out earlier... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice is required for a no cause notice to be given to month to mo. tenancies less than a year and over a year

Located in Central Oregon. Month to month tenancy. Just want to be sure we give the correct notice and have been given some conflicting information.

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

The reason you have likely been given conflicting info, as the time varies for your two situations. See http://www.oregonlaws.org/ors/90.427 ORS 90.427(3)

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employee file a suit against an employer based on withholding of income and not properly taking out taxes?

So I have a friend who is considering to take her employer to court because she has not recieved the money owed to her. She worked at a restaurant where she did not get paid by the hour (legally $4.95 an hour plus tips). She did not get paid by the hour and tips were taken from her. The employer... View More

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

Your friend should go find an employment law attorney in her area. There are usually a lot of penalties involved that can make an attorney want to take her case.

1 Answer | Asked in Employment Law for Florida on
Q: What information can be provided about an employee to a potential employer during employment verification?

After applying for numerous positions, I was wondering what employment verification information can be provided by my current employer?

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

Depends on what they are asked and what they want to provide. There are few laws on these types of things, but providing false information can subject them to civil liability.

1 Answer | Asked in Employment Law for Iowa on
Q: Is it legal for a company to say you that you can only work 13.5 hours a day & only pay that but it 17.5 hours?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

If you work 17.5 hours, you have to be paid for that. However, if you are told to only work 13.5 and you are working 17.5, then that could be a problem for you as you are not following your employer's instructions.

1 Answer | Asked in Employment Law for California on
Q: I believe my employer is not paying me minimum wage and is also doing other illegal things What do i do?

I work at a small restaurant in California as a waitress. This past week I was paid $195 and worked 8 hours for 4 days. My total amount of tips for that week was $70.No breaks are given when I work. I am also paid in cash, not check, but the owner takes 10% out of the "paycheck" for... View More

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

Contact a local employment law attorney and then schedule a meeting.

2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: My daughter, 17, consented to sex with 18 year old. She is now pregnant. He punched her stomach >6x. Legal recourse?

After it was confirmed that my daughter is pregnant, the 18 year old "father" stated he wanted her to terminate pregnancy. A day or two later, he punched her in the stomach a few (3-6 punches) times, supposedly "play fighting". When she reminded him she was pregnant, he played... View More

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

For anything criminal, she has to file a police report. Civilly, you could sue for battery and maybe a few other things, but the kid sounds like a loser and likely has no money, so you will spend quite a bit with no return.

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1 Answer | Asked in Copyright for Iowa on
Q: If a copyright for a product isn't listed on the .gov website is it still in effect.

The company is defunct and has been for 19 years. All of their other products are listed at copyright.gov but not the one I am looking for. Is that copyright still in effect?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Just because they did not file a copyright does not mean it is not copyrighted. Since about 1989, everything copyrightable became copyrighted once it was created (its a little more technical than that in reality), even if not registered. Registration simply gives you additional rights. I would see... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Missouri on
Q: My dog reached over the fence and bit my neighbor. She approached as he was barking and did not stop when

I told her to wait and let me get my dog. She was coming out to get her 4 aggressive dogs who she lets out unsupervised multiple times a day. They always run straight to the fence and bark viciously at us and our dog. We have spoken to them many times about this they have agreed their dogs are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Not sure what the dog bite law in Missouri is, but many states there is the one free bite rule. California has strict liability. That said, it sounds like the injured person was on her property the whole time, and one general has a right not to be bitten while at home from someone else's dog,... View More

1 Answer | Asked in Criminal Law and Personal Injury for Pennsylvania on
Q: If people get into a physical altercation over one of my Facebook posts can I be held responsible ?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Unlikely, but there have been cases in the news in different parts of the country where someone was held responsible for things that happened due to a posting on social media. That is not to say that you could not be held responsible in another way if a Facebook post had other legal issues, such as... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: Does the person who's watching my dog have to contact me because it attacked another person

I left my dog with my buddy cause I couldn't have him at my gf house so my buddy said he would watch and take care of him well just this past week I guess my dog bit someone but no one contacted me now he's trying to have me pay 400 dollars because he got my dog out of the pound do I have... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Did he have to contact you, no. Should he have, yes. I would suggest you ask him for the receipt for making the payment and information as to who the dog bit so you can contact your insurance to prepare for a lawsuit.

1 Answer | Asked in Employment Law for Illinois on
Q: Do I have a lawsuit and also high percentage of winning?

For example I released all information on my application to an employer regarding my background. They sent me on a bus to Colorado for orientation because i was approved. Then to find out I'm being disqualified for my background. And being sent home after I was told it was okay before I left home?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

No, you would not have a lawsuit based on these facts, assuming the reason they "fired" you was because of something on your background check.

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for Oklahoma on
Q: Am I allowed to take my children to work with me?

I work for my father is a small family business with only 4 employees, including me. He told me I could bring my kids to work when they're not in school so I could save money on daycare since its usually just me in the office most of the day. But now he's worried about if there are child... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: There was a pit bull on school grounds & they threatened to call the pound. I left school with admistration knowing I

Was going to take the dog home. The only thing I had to hold it with, was with my belt. Which is one that you loop through one circle then back into the other circle & it tightens on its own. Well it's not a very tight belt & the dog got away as I was walking home because the belt got... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

I would suggest finding a criminal defense attorney to handle this. Anything you say to the police will be used against you.

1 Answer | Asked in Lemon Law for Oregon on
Q: I bought an RV on Friday used as is Can I cancel it and return the RV and sue him for fraud?

I bought an RV on Friday used as is knowing it had water damage that was dried out and asked the seller if the RV was still leaking and had mold her verbally told me no. Told me he had been doing this for 25 years that he was the main Company manger and a few hundred bucks and it would be fixed.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

If you successfully cancel the check, you would not be able to sue for fraud since you would then have no damages. Otherwise, you could sue for fraud, but you might have difficulty winning given you purchased it as is, and there could be a legitimate difference of opinion as to how much it would... View More

1 Answer | Asked in Municipal Law and Business Law for Oregon on
Q: I was cited PERSONALLY for a broken sidewalk at a property that I am developing. I'm just the owning LLC's Manager...

I appeared and said "I am not the owner". The Judge asked for a copy of the LLC that shows in the public record/county tax roles as the "owner of record". I complied with that request at the next hearing date. That LLC document lists a trust that owns the LLC's member... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

You would take all the documents to court at the trial and provide them to the judge (they are not going to make copies, so it will not become part of some permanent file). Cite to the language of the code you were cited for and demonstrate you were not the owner. I would also obtain copies of the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's the landlord liability when the tenant has a live-in au pair?

A prospect tenant plans to have a live-in au pair (foreigner). I'm trying to see what it means to me (landlord) and my liabilities.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

There should no real liabilities just because they are a live-in au pair. If this person gets injured on the property due to your negligence, you would face the same liability as if they were the tenant.

1 Answer | Asked in Trademark for Oregon on
Q: Masada

I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.

Regards.

Holger

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.

1 Answer | Asked in Traffic Tickets for Oregon on
Q: Not at fault accident, not insured in Oregon

I was hit by a person merging into my lane earlier, they told me I was at fault, that I hit them because they were in front of me and I rammed them. The scuffs are on the back of my car and there is a dent on their front left side of their car. I was uninsured (paid my insurance right after,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Without looking, I believe there is a provision that allows you to escape any serious issues if you purchase insurance right away.

1 Answer | Asked in Family Law for Oregon on
Q: where can i find a pro bono lawyer willing to work with me with in custody battle?

i cant afford to pay all that money for any of these lawyers or attorneys ive talked to and im trying to get my son to legally be able to stay with me in OR for the school years instead of in CA with his dad..im not trying to take him away completely i just want to swap the agreement. I deserve to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Asking for a pro bono attorney is like going to the grocery store and asking for a free cart of groceries. Many attorneys do offer pro bono work, but we do not all have the time to dedicate to such an endeavor since we have families to feed as well.

I would suggest contacting attorneys and...
View More

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