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I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More 
answered on Apr 18, 2025
It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.
If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are... View More
I was hired as a licensed mental health therapist to perform roles within my expertise. My employer is aware that I am not authorized by my licensing board to operate outside my field, yet they are now requiring me to take on HR functions for which I have no training. They have informed me that if... View More
answered on Apr 2, 2025
Your employer cannot require you to do things that you are required, by law, to have a license to do, but they can require you to do additional tasks in addition to your regular tasks if they don't require such licenses. Therefore, if they are requiring you to do HR tasks, they can do that, as... View More
In a conversation on March 23, 2023 with two coworkers, you referred to the Company as a "woke company" because the Company promoted black-owned businesses, hired black people, and celebrated Black History Month.
I consistently reject any claim that I have employed the term... View More
answered on Dec 2, 2023
If you're not an at-will employee in the State of Oregon, then you must be part of a union. Contact your union representative about what has occurred.
Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon... View More
answered on Nov 9, 2023
While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them... View More
for violating state and federal mask mandates.
We’ve rented a room in the home for over 3 years!
answered on Jun 29, 2023
Contact a local landlord tenant attorney regarding your options.
When they called for us to renew financing my husband asked when they were going to finish the job. They hung up, canceled our financing, sued us because we have "enjoyed" the product and are garnishing my paycheck.
answered on Jun 29, 2023
If they are garnishing your paycheck, then they already have a judgement against you which means that whether there was a breach of contract by them or if you have any defenses to the non-payment is most likely no longer relevant. Your time to argue why you shouldn't have to owe them would... View More
answered on Jun 29, 2023
You should be reporting this immediately to the police, if you have not already. A lapse in time can have an impact on your case. However, a victim cannot "press charges" - it is up to the district attorney's office on whether to pursue charges.
Suppose someone has information about abuse or any felony while in one state, and the act is also illegal at the federal level, but they are not a mandatory reporter. Then they travel to a state where they are a mandatory reporter. Upon arrival in that state, even though the crime occurred in... View More
answered on Jun 29, 2023
Generally, mandatory reporters must report anything that they have actual knowledge of - regardless of where it occurred or what type of law applies. Furthermore, given that not reporting when it has been determined that you should have reported is considered a serious issue, it's safer to... View More
I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More
answered on Mar 20, 2023
In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.
To answer your... View More
No other convictions at all since 1997
answered on Jul 1, 2022
In Oregon, it is possibly unlawful for a potential employer to inquire about your criminal history at the application stage. However, there is nothing that states how far back in your criminal history an employer can consider, once they are allowed to consider your employment history.... View More
My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... View More
answered on Jul 1, 2022
Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.
A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so... View More
answered on May 13, 2022
Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.
You can find... View More
Though PTO hours are given up front at the start of the year, according to my company’s policy, those hours still have to be accrued in order to be legitimate. When an employee terminates, if they have used more PTO hours from their bank than they have technically accrued by that point in the... View More
answered on May 13, 2022
Most likely not - reach out to a wage and hour attorney with your employer's policies to evaluate your case.
i want to know what my rights are, and if irs can come after me for not paying income tax?
answered on May 13, 2022
Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... View More
Employee contacted management to let them know they had been in a car accident (not work related) and were okay. They said they would keep in touch and update us after they got some rest. A few hours later they contacted management and said they may have a concussion due to the airbags not going... View More
answered on Feb 27, 2022
Under the Oregon Sick Time Leave law, employers cannot require it ask employees to find cover for shifts they will miss that they are taking sick leave for. Management may be liable for asking Employee to do that. Furthermore, their termination in such close proximity to their need to take sick... View More
I informed my employer that I didn't agree to the contractual agreement as known as a mandate.
answered on Feb 27, 2022
No. Employers can require you to wear a mask and face shield with a few minor exceptions that do not appear to apply here based on your response to them.
answered on Dec 23, 2021
There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... View More
In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... View More
answered on Dec 1, 2021
It is not clear what you mean by "at that time I felt I was fired", but you most likely have a claim for FMLA/OFLA retaliation and potentially OSTL retaliation. I highly recommend contacting an employment law attorney in your area to discuss your case.
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