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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Personal Injury for Washington on
Q: In sophomore year of highschool I had a teacher who labeled a spray bottle of water with the words "Mormon repellent",

She would spray me, in front of the whole class, if I acted out. I was recently diagnosed with ADHD. I had bouts of hyperactivity frequently in class. But I was extremely embarrassed and eventually gave up my faith in Mormonism to fit in at school. Do I have any case against the school system for... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

This would likely turn on how long ago this was. Assuming you were a minor, that would toll the statute of limitations, but only while you remained a minor. A tort claim notice also would be needed.

1 Answer | Asked in Employment Law for Oregon on
Q: is it legal to deny paid holiday if you work full time but have missed days because of health concern and sick days?

i work full time but have missed a certin amount of days because of sick/health reasons and have had some and some not excused absences.

my employer said i cannot get my paid holidays because of this. but I have worked for the company which states that I can gain paid holidays after 6 months

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

This would be an issue of contract, as employers are not required to provide any sort of paid time off, including holidays (assuming this is not a government job). So it comes down to what exactly are the employers' policies.

1 Answer | Asked in Employment Law for Oregon on
Q: How hard is it to prove yr employer turned in emails.to the state police in bad faith?

Basically wrongfully terminated I feel and HR lied from the very intiaial meeteing. I missed My union said they were going to grieve it yet oops forgot what

20 year employee zero disciple HR lied to the unemployment judge and possibly ly tampered with evidence

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

You have several questions. Unless the employer lied to the police, there is no bad faith for turning over the emails. As to the rest, I would find a labor law attorney (labor law deals with union jobs) and sit down for a free consultation to discuss if you have a case.

1 Answer | Asked in Employment Law for Oregon on
Q: Is anybody willing to go get the state of Oregon for wrongful termination 7 months of my two years is up. It is layered

With lies coverup abuse of power malicious. However my emails were very bad omly as perception not all factual but yes not all untruths. 20 years zero discipline despite binding contract that does have 9 stages OF progressivedisipline . Just want equal treatment

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

If seven months have already passed, you may already be too late as a tort claim notice had to be sent within 180 days.

1 Answer | Asked in Employment Law for Oregon on
Q: in state of oregon can employer fire you if you relapse and ask for help

I heard that you can not get fire if you relapse and ask for help through your employer. basically if I bring the problem to them first and the employer did not come to me for a UA. then they are suppose to provide the treatment?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Relapse on what? If you are talking about an addiction issue, one might have some protections via the ADA.

1 Answer | Asked in Employment Law for Oregon on
Q: If you make a mistake at work can your employer make you sign a form declining unemployment if you are ever fired?

My employer has asked me to sign a form agreeing that if I keep my job I will not file for unemployment benefits and if I don't sign I was told I would be fired on the spot. The reason Ive been asked to sign the form is a made a somewhat costly but genuine mistake on the job and damaged the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Never heard of something like this, but in a sense it is good for you in that if they fire you now you would likely not be eligible for unemployment. Generally if you are fired for cause, you do not get unemployment (there are exceptions though). My guess is that the contract your employer is... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I have a friend who applied to work with me in a assisted living she did not pass her drug screen.

They said they could not offer her the job. Is there a waiting period by law she can wait and apply again or do they not have to give her another chance to pass?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

There is no law requiring them to let her apply again, nor controlling how long they can make her wait.

1 Answer | Asked in Employment Law for Oregon on
Q: Will my boss owe me unpaid wage if startup closes?

Hello, I'm working in a startup as an independent contractor. Mo contract starts with this paragraph:

This Consulting Agreement (“Agreement”) is made and entered into as of the Date (“Effective Date”) by and between Boss Name and legal entities he represents (the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

In such a situation, an employer (or potentially a just a business you have a contract with) would still owe the wages. The problem is, if this person does not have the money, then you would have a difficult time collecting what is owed. Further, your contract is likely with the company, which is... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can my manager place me on corrective action for not responding to work emails?

My manager sends me tons of work emails and I don't always respond to all of them right away. She tells me by me not responding to her emails I am being disrespectful to her and insubordinate. I just had my last performance evaluation and it was rated as "exceeds standards" and now... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Employers can put employees on corrective actions for almost any reason, as employment is at will. An employer could even just fire an employee for not responding to emails promptly (assuming the employer does not have a progressive discipline policy).

1 Answer | Asked in Employment Law for Oregon on
Q: I have been advised to seek a lawyer in a sexual harassment and bullying situation with walmart as an employee.

What is my best way to go?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Attorneys cannot solicit your business, so you would have to find an attorney and contact them. You can Google search employment law attorney and your city, or use the find a lawyer link here on Justia to find someone who does employment law. Then check out their online presence to ensure they do... View More

1 Answer | Asked in Copyright for California on
Q: I had a creative make my logo and labels. We had only a verbal contract. She gave them to me willingly and for free.

Now i'm having a break with that team and they are threatening to sue me if i use the labels. All the correspondence was done through facebook messenger and i have logs of everything said.

She gave them to me for this expressed purpose with a written out understanding many times that... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

This would depend on a detailed reading of all of the correspondence to see if any sort of contract or license was created to allow you to use the logo. As a general proposition, the person who creates the work of art owns the copyright. One exception is what is called a work for hire, which may... View More

1 Answer | Asked in Copyright for California on
Q: Is it possible to sue someone in the UK for copyright infringement while living in the US?

I created a French language course in the 90's, which included lesson plans, storybook, songs and professionally recorded tapes. I did lease it for a very limited time to an acquaintance but lost touch with her when we came to the States. Now I see there is someone else running the school and... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Can you sue someone in the UK even though you are in the US, yes, you would need to find a UK lawyer (though I think they are called barristers and solicitors there) to accomplish this.

1 Answer | Asked in Copyright for California on
Q: Can I put a picture of a a companys bike on my website as an example?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Potentially, but there are issues related to both copyright and trademark involved. Fair use may be a defense, but more information would be needed to see if there is a way to avoid liability.

1 Answer | Asked in Copyright for California on
Q: can you make a collage of playboy magazines the cover of your book

wrote a book, paying someone to make cover art, want to use pieces of playboy magazine images to make cover-- they think that it becomes new art and thus don't need permission. want to make sure this is true.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

While this person is partly correct that the combination does create a new work of art that would have it's own copyright, the fact remains that the collage would be a derivative work of the original art works. As in, making the collage without the permission of the copyright holders of the... View More

1 Answer | Asked in Copyright for California on
Q: What are the copyright rules in the United States surrounding using images of celebrities?

When is it ok to use pics of them and when is it not? My understanding was the using picture of celebrities that are selfies, or Polaroid's and taken by paparazzi are fair game, but using pictures that were taking for promotional purposes or during a photoshoot are not alright.

I will... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

All of the pictures you are talking about are copyrighted, and you would need a license to legally do what you want to do. In addition to copyright issues, there are are personality rights to deal with that you would need to contract with the celebrities to use their likeness.

1 Answer | Asked in Copyright for California on
Q: I made a composite from three separate photos of a copyrighted character? Can I make $$ from the design?

I'm a graphic designer and I use Photoshop in my work. Recently, I came up with a design and I'd like to use this composite design on a t-shirt and sell it as it's getting popular. The design I created is original but the character I used is a fictional character from film and TV... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

In order to avoid legal issues you would need a license from the copyright holder of the three photos, and then also a license from the trademark holder for the character. This assumes the character is trademarked and the photos you used are copyrighted.

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