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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Copyright for Oregon on
Q: Can I use the trademarkednwords ¨Think Different¨ for a non-commercial magazine?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 27, 2019

Basically no. You could get a license from them (IBM?), but that is about it.

3 Answers | Asked in Personal Injury for Oregon on
Q: I was electrocuted In Goodwill

I was testing an electric blower and the employee from the store handed me a bad extension cord that was missing the ground yea and I was electrocuted.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 27, 2019

If you got a burn or sought medical treatment, then it might be worth it, but it would likely be a small case.

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1 Answer | Asked in Employment Law for Oregon on
Q: Can an employer demand from an employee who raised concerns to state authorities via a hotline, what was reported?

My daughter worked last summer in a child care and had concerns that she raised to DHS via a hotline. At least one more employee did the same. There was an investigation and subsequently the center’s license renewal was denied. My daughter is no longer working there (she wasn’t fired but left... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 15, 2019

She has no obligation to ever talk to a prior employer about anything.

1 Answer | Asked in Employment Law for Oregon on
Q: You will also receive Company’s standard employee benefits package(including health insurance), and will be subject to

To Company’s vacation policy as such package and policy are in effect from time to time.

Not sure what to do.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 8, 2019

You can always send a demand letter to them, or talk to an attorney about sending one.

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I was Fired for not doing my job when I got hired I sign to do something else. Can I collect my vacation time wages

I did received my last check but no vacation time.. It's that normal..

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 8, 2019

Whether or not you are entitled to them depends on if the employer had a policy to pay them, or if in practice they paid them out.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: In Oregon who's responsible for a rodent ingestion in your place the tenant or the landlord?

The manager says it's my responsibility to take care of the I live in a low income government subsidized complex ran by a out of state company

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 16, 2019

Rodent's are a habitability issue, thus the landlord needs to as a general proposition.

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1 Answer | Asked in Employment Law for Oregon on
Q: Hi - I had a question. I was an outside sales rep. The first three months I had a base salary, then months 4, 5, and 6

Were draws against commission. Nowhere in the signed job offer did it stipulate that I have to repay the draws after terminating my employment. Do I have to repay the draws? I had taxes deducted from the draws.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 12, 2019

Possibly not. There are very specific rules on repayment of draws, and there may be unlawful deductions due to this that could potentially wipe out the debt, might even put some money in your pocket if done right.

3 Answers | Asked in Personal Injury, Civil Litigation and Small Claims for Oregon on
Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?

We were both living with her friends from work and we got in a fight one day going to work/school and during her day at work she broke up with me and I was immediately rendered homeless. This caused me to have to move to another state and be unable to go to the college. It was past the time limits... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 29, 2019

No.

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1 Answer | Asked in Employment Law for Oregon on
Q: I was given an employee review that I disagree with. I want to know if I’m required under law to sign it.

I live in Oregon. If I am required where is the statute?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 19, 2019

There is no law that requires it. However, there also is no law that requires you to show up to work on time. The point being, your employer can require it and refusal could be seen as insubordination.

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: In Oregon, if you hire someone to cut down a very large tree in your yard and he gets hurt, can he sue you? tks Gary
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 5, 2019

Depends, are they a licensed contractor? If they are, then you should be good. If you hired someone else, well, you were not supposed to and you may be on the hook. File a claim with your homeowner's policy and see if they can sort it out.

1 Answer | Asked in Employment Law for Oregon on
Q: I hired someone to help with a construction job.pay was under the table. If they got hurt am I liable?

I own a business and my friend wanted some extra cash. He was working at the job site and twisted his ankle. He ended up having to have surgery. Am I liable for his injuries. He worked a total of maybe 2 months at best/112 hours total. Pay was strictly under the table and no written contract.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 13, 2019

Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.

1 Answer | Asked in Employment Law for Oregon on
Q: can i collect unpaid wages from when i was a stripper?

I have seen all these adds on FB stating if a person has stripped that they are owed min wage plus the money they paid to the house, bartender, waitresses, dj, hostess, and security. is this true? if so, what kind of lawyer should i hire?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 23, 2019

You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.

1 Answer | Asked in Employment Law for Oregon on
Q: Can an Oregon employer put a pay range on a job posting they cannot pay? (ie $17 to $25/hr but they can only pay $17)
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 21, 2019

Yes. Of course, you don't have to take the job if you were expecting more.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: The OSB agrees that I was a victim of the unauthorized practice of law, can I sue the landlord of the guilty party?

The OSB agrees that I was a victim of the unauthorized practice of law and is going after the guilty party for injunction relief and costs, the person had advertised themselves as a paralegal but did work and gave advice beyond what they were allowed, can I sue the landlord of the place where... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 21, 2019

Only if the landlord was somehow involved. But, if I am reading you right, the person just lived there, and in that case, no. You also cannot sue the state because he made money and paid taxes.

1 Answer | Asked in Employment Law, Communications Law and Federal Crimes for Oregon on
Q: Is it legal to have audio surveillance at a restaurant?

The restaurant I work at installed surveillance cameras a few months ago. I just found out it also has audio surveillance. We were not informed they could listen to us. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 18, 2019

If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.

1 Answer | Asked in Personal Injury for Oregon on
Q: I had a judgment against me and a garnishment was enforced over a 3200 er bill that was a work comp injury Is this lega

Sorry for the abrupt question only had 120 character. Injury happened in dec 2015 and all of the appropriate paperwork that providence gave me was filled out and returned to my employer the very next day as they had set up a appointment with a hand specialist. That bill apparently got paid and I... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 13, 2019

This is why you should have hired an attorney back when you received the notice of the small claims case. You may be able to have the judgment set aside, but seek out a consumer protection attorney (not me) ASAP. Not next week, NOW. Use Google and search to find one. Time is of the essence, and was... View More

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

There were no witnesses to the event and the injury required many stitches but not severe. Dog owners are cooperating and are willing to help financially but with in reason. Dog has never bitten or shown signs of aggression. Many strangers visit property daily. Victim has a history of seeking... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 4, 2019

Make a claim with your homeowners insurance, they will handle it. You are responsible for the medical bills, the one-bite rule only applies to non-economic damages, and it is actually more complex than that. But, your insurance will cover it.

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1 Answer | Asked in Employment Law for Oregon on
Q: Can an employer write up an employee for complaining about hours being cut? Oregon Law please

My friend works for a fast food place. His hours are getting cut and he was told that if he complains about his hours being cut he will get written up for complaining. I didn't think this sounded legal, so I am checking. Can you please let me know if this is something he can get written up for.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 3, 2019

If this is a chain that has enough employees to qualify for Oregon's new predictive scheduling law, and they violated that, then he could get compensation for the cut hours and go after them for retaliation as a whistleblower.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.

I want to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 22, 2018

The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you...
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1 Answer | Asked in Employment Law for Oregon on
Q: Is this workplace retaliation?

I have been a temp employee for 3 years in oregon. I have a good hourly, and when I have work I work 32-38 hours a week. I found out a few months ago that I should have been getting paid sick time and access to a 401k, due to the fact that in jan of 2016 temporary employees in oregon are eligible... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 21, 2018

But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.

If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.

Unlikely the 401(k) is going...
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