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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Employment Law for Oregon on
Q: can I go after employer for back pay. I agreed to work for 6 month for 1/2 minim wage. 6 month ended and no pay increase

Trying to help save a friends failing business . I feel she has taken advantage of the situation and has lied to me. I dont want to make waves . I just want my back pay if possible.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 19, 2018

Yes, you can. You can also hit them with various penalties so they will likely never do it again.

1 Answer | Asked in Personal Injury for Oregon on
Q: What situations require a landowner to keep their property safe? I'm a hunter so I had permission to be on the property

but got injured due to holes in the ground that weren't covered.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 18, 2018

You likely are barred by recreational immunity: https://www.oregonlaws.org/ors/105.682

If seriously injured, consult with a personal injury attorney to confirm.

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: How do recreational statutes work? If I'm injured in a state park, does that shield the state from all liability to pay

my medical bills?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 4, 2018

Depends on how you were injured, as in whose fault was it. Be careful, you have to send a tort claim notice within 180 days of the injury though.

1 Answer | Asked in Employment Law for Oregon on
Q: Working at Oregon gas station worked 2 weeks no pay on weekly pay schedule call boss he said he fix it on Saturday

Came in Saturday no check got ahold of boss again and was told he’d have it today. If I don’t have my check today can I legally simply not show up to work until paid?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 2, 2018

Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.

1 Answer | Asked in Employment Law for Oregon on
Q: would my situation be considered workplace harassment? Thank you.

In or last sales meeting, our manager had our staff stand up two by two in front of the rest of the staff, and have us critique the dress and appearance of each other in front of everybody to see if it conformed to our new dress code. The whole ordeal was demeaning, mortifying, and extremely... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 1, 2018

Most likely not anything improper from a legal standpoint. Not great team building, but not illegal since nothing you say appears to make it based on a protected class.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Does the fact that I was driving without a license mean an at-fault drive can't be held liable to pay for my injuries?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 19, 2018

Not exactly. There is a law that if you were driving without insurance you cannot recover what are called non-economic damages, such as pain and suffering. And if you did not have a license, you may not have had insurance either.

But, even if that is the case, you can still get economic...
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1 Answer | Asked in Employment Law for Oregon on
Q: painting contractor refused to pay travel time despite 1-4 hrs of travel each day, would this be a valid claim?

My husband worked for this employer for almost 4 yrs before I discovered this was illegal, low calculations I figure this employer owes us about 10K and that is a very low estimate. He still employs several people and they still do not receive travel pay, even though the owner now knows this is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 15, 2018

For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.

There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at...
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2 Answers | Asked in Business Law and Employment Law for Oregon on
Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

This is working with menially disabled adults. During the clocked out hours of 2200-0600 no pay is reserved. Is there a way for a company to work around laws that may prohibit such actions. What are the steps that should be taken if this is illegal.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 12, 2018

While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

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1 Answer | Asked in Personal Injury for Oregon on
Q: I got food poisoning at a required work dinner and so did a bunch of other coworkers. Do I sue my employer or the

catering company that made the food?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 5, 2018

You can't sue your employer, as you can only file a worker's compensation claim as to your employer. You can go after the caterer, though you do have to prove they were the ones responsible.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: can i be given a modified 24 hour notice to vacate if i live with an onsite manager who is transfering to another site?

I got tge notice october 23 and was asked to vacate by the 15th of november which is not even 30 days. They also adressed it to sharon cook and i am sharon moore. Is it valid? I sent them a copy of the deposit and reservation fee i paid on a nee place on oct 24 th but cant move in until the 29 th... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 29, 2018

If the tenancy is related to employment, and it sounds like it is through your roommate, then the regular landlord/tenant laws are not all applicable.

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I wasn't wearing a seat-belt when another car side-swiped me, does that mean I can't win a lawsuit for medical bills?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 24, 2018

Not quite, but it reduces how much you can get: https://www.oregonlaws.org/ors/31.760

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1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for not doing duties I was told I wouldn't have to do when hired and it took a week to receive my pay check
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 24, 2018

Unfortunately, there is nothing wrong legally with the termination. This is common, but legal.

With the paycheck item, you may have something. As in, I am assuming you mean your final paycheck took a week, which since you were fired meant it was due by the end of the next business day. I...
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1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: How do I sue my former employer for multiple employment issues? Including sexual harassment, verbal abuse, and pay

The owner also took 20% of my tips every shift for over 3 years, refused to pay me more than minimum wage for my position as a manager and for being on call on my days off. I finally quit when I realized he was shorting my checks. Now he has threatened to sue me twice if I tell anyone about all of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 23, 2018

Depends on how much you are talking about. If it is under $10k, you can go to small claims court. More than that, file in regular circuit court. Of course, you would be better off using an attorney, as most do these types of cases on a contingency basis, meaning you only pay them if you win.

1 Answer | Asked in Employment Law for Oregon on
Q: is firing for sending a personal text to a friend legal? Invasion of privacy? Nothing was posted publicly.

i had a VP ask me questions about a manager, so i answered his questions honestly. After i answered him he went to the cio and told him what i said. The CIO told my manager that i gave her a less than glowing review so my manager immediately retaliated against me. Writing me up for offenses that... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 19, 2018

Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.

Now, if you text was discussing work conditions with a...
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1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 15, 2018

Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.

If it is the other way around, review the lease and...
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1 Answer | Asked in Personal Injury for Oregon on
Q: So I got into a disagreement at a sporting event that resulted in a physical fight

-- they started the physical stuff, but I started the disagreement - who is at fault? Can I sue them to cover the bills for my injuries?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 12, 2018

You can always sue, but as an attorney, I would not want to take that sort of case to trial. The fact that you question whose fault it was based on you starting the argument is exactly what the jury would struggle with. My best guess is that even if you win, the jury would award like a $1.

2 Answers | Asked in Collections for Oregon on
Q: Steps to vacate a default judgement in Multnomah County Oregon if the plaintiff used void contract as basis of claim?

I received a notice of assignment of debt from a debt collector in Utah, represented locally. I recall the original complaint, and I also recall filing an answer. I never got a notice of hearing or notice of default or notice of garnishment. When they reached out they had already gotten the order... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 8, 2018

As a general proposition, you have six months to vacate a default judgment.

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1 Answer | Asked in Personal Injury for Oregon on
Q: What happens if the person in a lawsuit dies while it's still going on? Can our family still continue it?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 26, 2018

Yes, your family can still continue the lawsuit. Basically the estate is substituted in for the person you sued.

2 Answers | Asked in Personal Injury for Oregon on
Q: Is it hard to get money for pain and suffering in a suit - I've heard it is.
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 14, 2018

It depends on the injuries. If the injuries are soft tissue, it can be.

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4 Answers | Asked in Civil Litigation, Wrongful Death, Personal Injury and Gov & Administrative Law for Oregon on
Q: Are there any personal injury attorneys licensed and familiar with practice in BOTH arizona AND oregon?

My dad was murdered in lake havasu city, AZ, I live in OR..OR doesnt really help because the crime wasnt committed here, AZ has done very little more than make me feel even more confused, alone, lost, rejected, wrong for needing help/having questions & having absolutely no idea of what i can or... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 12, 2018

There probably is, but it would be time consuming to find those few who do. That said, you do not need an Oregon attorney, you need an AZ one that does wrongful death. Just do a Google search for wrongful death attorney in the closest bigger city and then make some calls.

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