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Questions Answered by Jeff Merrick
2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on
Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs

I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?

Jeff Merrick
Jeff Merrick answered on Aug 22, 2019

Greetings,

I recommend you check with Oregon Bureau of Labor and Industries.

Jeff Merrick

https://oregonlitigationattorney.com

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on
Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick
Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

1 Answer | Asked in Employment Law for Oregon on
Q: Today I was fired from my job. My boss said I’d be rehired if I work an unpaid internship for a month. Is this legal?
Jeff Merrick
Jeff Merrick answered on Jul 10, 2019

It's always hard to give an answer without all the circumstances.

Nevertheless, what you describe does not sound legal.

Who is the employer?

When did you start working for the employer?

What was your job?

Why did they say they fired you?

Do you...
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1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Need to take an insurance to small claims, they have agents in the county does this count as having a physical presence

An at fault party's insurance company has neglected to reimburse for car rentals, which they agreed to pay for, or provide any closure. Even with police report (which I had to provide at my own expense) and video evidence it took almost 2 months to accept liability. One month after having my car... Read more »

Jeff Merrick
Jeff Merrick answered on Nov 15, 2018

If your question is whether your county has jurisdiction over the insurer, odds are it does.

If you can't find the insurer's proper address with the Secretary of State's business registry, try the State Insurance Division.

It might be worth buying an hour of a lawyer's time to...
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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.

Jeff Merrick
Jeff Merrick answered on Nov 15, 2018

If you are paid by the hour (as compared to a legitimately salaried employee) then, if the employer wants you on the premises, it must pay you.

Good luck,

Jeff

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1 Answer | Asked in Employment Law and Civil Rights for Oregon on
Q: How can I file a tort claim myself after being fired for telling employer I'm going to see a cardiologist for my heart?

HR was already informed that I had to go to ER twice over rising blood pressure. I shared that I may have to go back to normal/initial job requirements before additional hours were added. I was told to come in and get FMLA paperwork and one hour later I was issued a formal dismissal via email... Read more »

Jeff Merrick
Jeff Merrick answered on Aug 20, 2018

Your question raises several issues, including whether you have a "disability" and whether the employer had a duty to work with you to see if it could accommodate your disability.

If you want to chat, feel free to call.

Jeff Merrick

503-665-4234...
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1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for attendance but other employees have no called no-showed and show up late every single day still employed

Employed for 7 years no write ups or Warnings entire time until 3 days prior given written and verbal warning at same time for same effects

Jeff Merrick
Jeff Merrick answered on Aug 20, 2018

The big question is WHY is the employer treating you differently?

If the reason is illegal, then you have a case. Illegal reasons include, race, gender, retaliation for certain activities, etc.

If you want to chat, feel free to call

Jeff Merrick...
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1 Answer | Asked in Employment Law for Oregon on
Q: I was told to take 90 days off because i cashed a ck that was over our amout then told to take a class on gambling the

The ck bounced and it was not for gambling this was ther way my time is up and i took the class but they will not let me com back one person dose not like me and has repeatedly said a lot of bad things about

Jeff Merrick
Jeff Merrick answered on Dec 20, 2011

Dear Oregonian,

An employer does not have to be correct when it decides to suspend or fire an employee; it only has to avoid illegal conduct. If the employer believes you did something it does not like, it can fire you, so long at it was not protected activity, such as complaining to OSHA...
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1 Answer | Asked in Employment Law for Oregon on
Q: I wkd at this co for 17+ years. I was fired over a policy in place for 1 month and was not warned.

I also had reported to the office liason my thoughts about boss getting pricing from family members, re: printing for marketing info, etc. I have not received my 1st qtr commission bonus, and my pay wasn't received until 5 days after my dismissal. do I have a case?

Jeff Merrick
Jeff Merrick answered on Dec 15, 2011

Dear Fired,

I just found your June posting. Here are the quick answers:

1. Oregon has strict time limits on when a person must be paid after termination. You might have had a claim.

2. If you have not asked for your personnel file, you should, and see what is in there....
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I was recently demoted and canot get an answere why. Is there anything I can do to fight this in court.

It almost feels like i was wrongfully terminated. My supervisor as well didn't know about the demotion until 20 minutes after it happened. What can I do to fight this.

Jeff Merrick
Jeff Merrick answered on Dec 9, 2011

First, request your personnel file. You have a right to it.

Next, try to figure out WHY the employer took this action against you. If because of performance, then no case. If for some illegal reason, then, maybe a case.

Jeff Merrick, Oregon Trial Attorney

Injury &...
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1 Answer | Asked in Employment Law for Oregon on
Q: I want to sue Jack in the Box Inc. for fail to give their employees proper rest and meal breaks everyday.how do i start?

I see there are two case files where the Jack in the box has been sued for similar reasons. Also this would be a class action lawsuit.

Jeff Merrick
Jeff Merrick answered on Dec 9, 2011

One way is to contact the Oregon Bureau of Labor and Industries. Another way is to contact an attorney.

Jeff Merrick, Oregon Trial Attorney

Injury & Employment Law

http://www.jeffmerrick.com 503-665-4234

The above is not legal advice. I cannot give you sound advice...
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1 Answer | Asked in Employment Law for Oregon on
Q: Employee had a knee surgery have a medical leave collecting money from L and I but he is gambling until 3.am is that ok
Jeff Merrick
Jeff Merrick answered on Dec 9, 2011

The issue is this. Is the worker not telling the truth about his injury. Is he defrauding anyone? If he knee has a problem that prevents him from working, then who cares what he does sitting down, whether it is gambling, sleeping or watching T.V. Are his off-work activities inconsistent with... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: Who's falt is it when you get hit from behind

The lady who hit me was reading a sign and ran into me

Jeff Merrick
Jeff Merrick answered on Dec 9, 2011

It sure sounds like it was her fault, and you would have a claim for the dollar value of losses. You may contact me for further discussion.

Jeff Merrick, Oregon Trial Attorney

Injury & Employment Law

http://www.jeffmerrick.com 503-665-4234

The above is not legal...
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1 Answer | Asked in Employment Law for Oregon on
Q: Legal assistant fired after refusing to preform illegal acts, legal assistant now being harassed by former boss?
Jeff Merrick
Jeff Merrick answered on Dec 9, 2011

In Oregon, there's a good chance that a firing in retaliation for refusing to perform illegal acts is, itself illegal. As to the harassment, call the police. Feel free to contact me.

Jeff Merrick, Oregon Trial Attorney

Injury & Employment Law

http://www.jeffmerrick.com...
Read more »

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