Can an employer threaten employees with termination if co-workers, as witnesses for a fired employee? In an unemployment hearing. I went to my hearing without any witnesses or evidence. I know I could have subpoenaed witnesses but I respected their fear termination. Of course, I was denied again.... View More 
answered on Jan 13, 2020
It would be unlawful for them to do that, see: https://www.oregonlaws.org/ors/659A.233
too many to list, but pertains to inaccurate fmla hours calculated, false notations and accusatory notes, ada accommodations after fmla exhausted, discrimination, 2 month delay plus in begining interactive process, continueal repeatitive documented denial of accommodation without undue hardship and... View More
answered on Dec 12, 2019
You should consult an employment attorney related to potential violations of the Family Medical Leave Act and the Americans with Disabilities Act. Defamation claims are state-law specific, subject to limitations imposed by rights contained in the First Amendment. You should narrow your focus to... View More
Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an... View More
answered on Dec 10, 2019
This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near... View More
The reason given was “lack of confidence to do my job”. I asked for supporting documents and was given none. I saved the company 500k in payroll alone by cross training in my department rather than hiring. Just before I was let go I saved the company 78k in annual paper costs by switching to... View More
answered on Oct 16, 2019
Based on what you wrote, no. Employment is at will, they can fire you for most any reason, and they do not have to give you the reason. Now, had they fired you because you were black, white, gay, straight, male, female, or similar (as in because you were one of those, not that you are one of those)... View More
We self record are time in 15 min increments on an honor system. The rule is to keep track of your own time since the crew all have slightly different tasks and often clock out at different times. I also keep a log book of all job duties, times, appointments, etc. Last month my boss docked my check... View More
answered on Sep 4, 2019
You can, but be prepared to be fired. It would be unlawful retaliation, but the wage theft is also unlawful. My suggestion would be to find a new job first.
Also, if you do file a complaint, focus only on the hours docked. The fact that you are a foreman and there were bad bids has nothing... View More
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 ?
answered on Aug 22, 2019
Greetings,
I recommend you check with Oregon Bureau of Labor and Industries.
Jeff Merrick
https://oregonlitigationattorney.com
I was visibly sick , I lost my voice. I cook at a hibachi grill , I couldn't communicate with my customers and I had to work the entire shift. I had to try and yell and my voice was completely gone the next day so I said no when he tried to force me to work. I went to work still sick the next... View More
answered on Aug 22, 2019
I don't believe there are liquidated damages for sick pay violations.
I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... View More
answered on Mar 5, 2019
I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
ORS... View More
I wasnt told i was being written up till immediately after asking for form 801 for workers comp
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.
answered on Jun 30, 2018
Yes it is: https://www.oregon.gov/boli/TA/pages/t_faq_drugtesting.aspx
Or can one file for UI and also pursue with BOLI or EEOC?
answered on May 14, 2018
They are not connected. You can file and pursue both.
Past boss and owner sexually harassed me for years of my employment. I didn't realize it had been happening for awhile until boss offered me sexual favors for money. I've known boss for majority of life. Boss would also complain to other employees about me not being in, while I was on... View More
answered on May 6, 2018
If you want a lawyer you need to shop for one in the area of the problem you have and they cover. Justia is about posting short simple questions that lawyer's can answer that don't need a consultation to sort out all the details. Your problem is complex and multi faceted. So let's... View More
After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get... View More
answered on Apr 5, 2018
They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.
when I was fired I loved my job so much that I went and asked for my job back they said no.... later told my husband I was not rehireable and it was on my record.... so they just rehired this guy that was fired for sexual harassment they never reported it to the police and they rehired him but told... View More
answered on Nov 20, 2017
The question is, why were you fired, or at least what did they tell you? Plus, why do you think you were fired?
If your termination was for something unrelated to the sexual harassment, then there maybe nothing to this. If your termination was related to the sexual harassment, then you may... View More
Recently at work, my boss lost his temper and pushed me and used demeaning, direct vulgar language. He is in immediate relation to the owner of this very large and well known construction company here locally. He was totally out of line and this has affected my mindset and now my employment. The... View More
answered on Sep 4, 2017
It does sound like you have case, especially for the battery. Meanwhile, since that can take some time, make sure and file for unemployment if you have not already. Then find an employment law attorney, as attorneys cannot solict your business, so you have to contact them. Best of luck.
If an employer has religious beliefs, can they force their employees not to work on Sundays. They said that if an employee works on Sundays they won't pay them for that day. Is this legal?
answered on Aug 6, 2017
An employer can say not to work on a particular day, and if you then work on that particular day they usually do not have pay you for it as it is unauthorized. Otherwise an employee could just work whenever they wanted.
Plus, if the person worked on that day, that would also be... View More
In Oregon if a child has a mark on their face or head from a fall, and it is reported that the child was not taken to the hospital, DHS can take the child. This happened to a friend of ours, and his employer tried to fire him for absences related to court dates for this. He tried to file under... View More
answered on Jul 27, 2017
I think you need to read between the lines here. What the employer wants is documentation that there is a legitimate reason for the absences for work, ie real court dates that require his presence. Juvenile court records are sealed and in some cases not even attorneys have access. So what needs... View More
Do I have a leg to stand on as to getting unemployment then?
The first appeal is happening next week, they denied the first request although.
This goes a little deeper , I had a procedure done( abortion) , I already can't give my daughter the attention a toddler needs due to... View More
answered on Jul 19, 2017
At the hearing, if the employer does not produce the voicemail (first to you prior to the hearing) then object that they have no evidence to support termination for cause. In general, your argument will be that even if they had cause to fire you (assuming there were no extreme circumstances), you... View More
I feel this was illegal, misconduct is why I got denied unemployment benefits. Worked for the company a year and a half (sales) and was a top employee my whole career . I was never given any option to review said voicemail. I may have put an inappropriate word in a a VM, but never directly towards... View More
answered on Jul 19, 2017
Let's start with the unemployment denial, did you appeal and have a hearing? At the hearing the employer would need to provide a copy of the voicemail if they wanted to use it to deny benefits. Otherwise, the employer would not need to provide you with a copy.
The fact is, employment... View More
answered on Jun 15, 2017
You may not be able to force the issue. The law on your file is ORS 652.750, and as to which records you are entitled to, they are as follows:
... the personnel records of the employee that are used or have been used to determine the employee’s qualification for employment, promotion,... View More
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