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Questions Answered by Mr. Michael O. Stevens
2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Is a 90 day no cause eviction the best way to just get someone to vacate a property?

It's 2 family members that have way overstayed their welcome. My dad is 89 and they are taking advantage of his age. We just want them out. They don't pay anything, but because they have been there over a year, they have established residency. So we want no complications, just a no cause.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 3, 2018

Yes, just be very careful to follow the law as to notice requirements, and if they do not leave, I strongly suggest at least consulting with a landlord-tenant attorney if you have to file with the court.

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can i be disciplined at work for not reporting an injury for 18 hrs because there was no sign of injury till then?

I wasnt told i was being written up till immediately after asking for form 801 for workers comp

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

Technically yes, but I personally would caution against it if the employer was my client as it could be seen as retaliation/discrimination for filing the claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: My employer has a drug testing policy stating immediately drug test for on the job injuries, is this ok?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 30, 2018

Yes it is: https://www.oregon.gov/boli/TA/pages/t_faq_drugtesting.aspx

1 Answer | Asked in Personal Injury for Oregon on
Q: Are liability waivers enforceable at Crossfit gyms?

Faulty equipment caused my back injury, and the gym refuses to negotiate with me to cover my medical bills.

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

The issue is a bit in flux. An Oregon Supreme Court decision a few years ago involving Mt. Hood Meadows said they are not, but I think it is more nuanced than that. Basically, you cannot sign away negligence, so hard to know if that was your issue since you say faulty equipment.

What I...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How much notice does a landlord need to give a month-to-month renter of a rent increase?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 25, 2018

Generally speaking 90 days: https://www.osbar.org/public/legalinfo/1250_RentIncreases.htm

2 Answers | Asked in Personal Injury for Oregon on
Q: I'm allergic to bees and I got stung while at a friend's house. Can I sue to recover my medical bills?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 15, 2018

I doubt the bee has insurance or you would be able to track the bee down to sue.

Otherwise, you would have to show it was someone's fault you were stung, such as they threw the beehive at you.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If my rental company gave me a no cause eviction, do they have to return my full deposit?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 7, 2018

No, there is no special rule for if there is a no cause eviction. But, make sure they do follow the laws as to timing and documentation: see ORS 90.300

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1 Answer | Asked in Copyright for Oregon on
Q: Say a brand that sells the exact same products and services as I do is named “Chris”.. could I name my brand “Chris!”??

Adding emphasis on the name.. using an exclamation mark consumers will say “Chris!” When talking about my brand and simply say the no fun... “Chris” when talking about another brand

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

First, this would be a trademark issue, and secondly, I think there would be likelihood of confusion between the two marks.

1 Answer | Asked in Personal Injury for Oregon on
Q: Should I have to pay for another biker's injury if he chose not to wear a helmet?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 1, 2018

Yes, but you can make an argument to reduce the amount and see if that gets a jury to reduce the award.

2 Answers | Asked in Copyright for Oregon on
Q: I got dinged for image copyright violation. How to decide how much I should pay.

The company PicRights found a copyrighted image I used on a book review blog post seen by about 12 people. They want $110 for using the image on a commercial website. Is my site a commercial website? What determines a commercial website? There are no ads, nothing being sold but there are links to... View More

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

Statutory damages are $750 on the low end, though a judge could lower it to $200. This assumes the work is registered, and they would also be entitled to attorneys fees and costs, which could be substantially more than the $750 that is likely.

As to a commercial website, do you make money...
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1 Answer | Asked in Employment Law for Oregon on
Q: Can a minor that is under 14 work in Oregon?

I'm a minor that is 13 in Oregon, I want to work at a paintball business that has offered to hire me. How should I go about this? Is it possible to apply for an exemption in child labor laws?

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

You can't, you have to be 14: http://www.oregon.gov/BOLI/WHD/CLU/Pages/W_CLU_Taminors.aspx

There are a few exceptions, but none would apply to what you describe.

2 Answers | Asked in Personal Injury for Oregon on
Q: if i instigated a fight, and got beat up by the male person ( i am female), would i be in trouble if i turned him in?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 19, 2018

Depends on what you mean by instigated and how the fight turned out. If you started the fight in that you hit first, the other person has a right to defend themselves.

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1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: When filing for OR UI, does it halt/preclude my possible pursuit of a discrimination/harassment suit?

Or can one file for UI and also pursue with BOLI or EEOC?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 14, 2018

They are not connected. You can file and pursue both.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 11, 2018

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

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1 Answer | Asked in Personal Injury for Oregon on
Q: My gardener hurt his back while working at my house. Can he bring a claim against me for being the property owner?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 11, 2018

Depends on how he hurt his back. Turn it over to your homeowners insurance and let them handle it.

1 Answer | Asked in Employment Law for Oregon on
Q: Are you supposed to be giving written information regarding a suspension?

I was suspended from work on 5/4 over the phone from my employer due to investigation. I had been out for a week on pto. I have not received any notifications from my employer about being suspended or if I’m suspended with our without pay. It has now been a week since the suspension and still... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 11, 2018

No, there is no law in regards to suspensions.

1 Answer | Asked in Personal Injury and Products Liability for Oregon on
Q: Need help about filling out a release of liability form

Hi, I have a question about dealing with an auto accident between two parties who both agreed to take care of the accident privately. The accident occurred in Oregon state but one of the drivers lives in Washington. Under which state should I fill out a Auto Accident Release of Liability Form? Can... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 24, 2018

Honestly, it would not matter, to the extent there would be different forms. A release would be a release. The accident occurred in Oregon, which means that is really the proper forum.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Is the Star trek logo/insignia trademarked

Can other people use it? Or is it property of Paramount/CBS like I expect?

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

Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.

1 Answer | Asked in Employment Law for Oregon on
Q: I called out from work (never before) and was asked to provide doctor note. Am I entitled to co-pay reimbursement?

This is the only time I have called out at this employer in my 4 months working there. I have the right to take sick leave because of FMLA in Oregon. My research implies that a sick note is not required until 3 consecutive callouts or suspision of abusing FMLA but this is my only time ever calling... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 14, 2018

Yes, they would have to pay for that cost:

" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626

1 Answer | Asked in Personal Injury for Oregon on
Q: Does renters' insurance cover a person who inhale second-hand smoke from a neighbor?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 13, 2018

Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.

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