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Oregon Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Communications Law, Education Law and Employment Discrimination for Oregon on
Q: Would failure of oversight leading to failure to pay rent causing 10 day notice of eviction be discrimination in ADA

I am using adaptive devices so bear with me if errors arise . I attend Oregon commission for the blind , as part of my individualized employment plan they have offered to help with rent until 2026 as what is on the plan , from may 2023 until October 2023 rent was paid with no problem. Nov 1 2023... View More

0 Answers | Asked in Employment Law for Oregon on
Q: My coworker wants to sell her Amway products at work, I wasnt hired to sell Amway and dont want to, is this legal in OR?

I was hired at a retail store and now my coworker, who says she wants to make more money, wants to see if the owner will let her sell her Amway energy drinks at work. That means when she isn’t there I’m expected to sell them to customers. They will be in a cooler next to other name brand cans... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Is a salaried physical therapist in the state of OR entitled to overtime pay for non typical work done on off days?

Specifically if they are asked to make and deliver a presentation and attend an event for numerous hours on their day off after already working a full 40 hour work week.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 9, 2023

As with many things in the law, it depends. The issue is not salary, but whether or not they are exempt or not from overtime. See this for details:

https://www.oregon.gov/boli/employers/pages/salaried-exempt-employees.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: Can I legally force my former employer to mail my final paycheck to me?

I don't know if it is legal in Oregon for employers to require picking up last checks in-person and change the location of pickup without notifying me.

I was specifically told it was in one location and when I went to retrieve my check I was told it was in a different location.

T. Augustus Claus
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answered on Aug 2, 2023

In Oregon, employers are required to pay employees their final paycheck on or before the next regular payday after the termination of employment. If your employer fails to provide your final paycheck on time, you may have legal recourse to recover the wages owed to you.

1 Answer | Asked in Employment Law for Oregon on
Q: hi, can you file a lawsuit against employer for intentionally putting employee's health a risk?

for violating state and federal mask mandates.

TeAnna Rice
TeAnna Rice
answered on Jun 29, 2023

File a complaint with OSHA.

1 Answer | Asked in Employment Law for Oregon on
Q: Walmart told us if donate we do not have to follow the dress code.Those that cannot donate have to follow the dress code

Can they do that and enforce that? It seems like a form of discrimination.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

It may be "discrimination" in a sense, but it doesn't sound like unlawful discrimination.

Discrimination is unlawful in employment if it is based on race, color, nationality, ethnicity, sex, religion, disability, age or pregnancy, and in some states gender identity, sexual orientation, or caste.

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer tell other employees that I failed a drug test?
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

it would appear at first blush that this is an invasion of your right of privacy, public disclosure of private facts. It isn't slander if truth is a defense. If this was part of a medical procedure the employer required, this could also be a violation of HIPPA - confidentiality of medical... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I gave two weeks notice but my work wants me to officially resign today and not work. Do I have to resign "officially"?

They do not want me to work the next two weeks. I gave them my (verbal) two week's notice but now they want paperwork with my "last day" moved up to tomorrow. Do I have any standing to be paid those two weeks?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2023

No, you do not have to. Of course they could then fire you, but so what if you already gave notice.

2 Answers | Asked in Employment Law and Admiralty / Maritime for Oregon on
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2023

Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: Is a text message considered written notice in Oregon if the recipient acknowledged and responded to the message?

Didnt get paid 1/20/23. I've had several conversations via text with my boss (owner of company) about it.

He randomly fires me on 1/23/23 via text. I've text him several times about him still owing me money. He refuses to respond. I know he is still using same phone because my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 25, 2023

Yes, a text message works for the written notice required in a final paycheck. Just make sure your text has the content required.

2 Answers | Asked in Employment Law for Oregon on
Q: My job says they require me to come in an hour early before my shift. But I'm not being paid for that time.

My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?

Spencer  Aldrich
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Spencer Aldrich
answered on Dec 27, 2022

Your question is more related to employment law and wage/hour than it is WC, but it doesn't pass my (WC lawyer) smell-test. You should be paid for the time you work. That's it. My recollection is that there's some flexibility...like, come in early and leave early or work extra today... View More

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1 Answer | Asked in Products Liability and Employment Law for Oregon on
Q: I am a fleet manager for a rental car company. What is the liability for patching gas tanks and renting cars out?

I cannot find any reputable shop to perform this job.

The gas tank is plastic and not metal.

I have expressed my concerns and have been overruled by management and instructed to proceed.

We have found a non-certified individual to work as a 1099 to perform the repairs... View More

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 4, 2022

I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... View More

1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon, is calling out sick protected even if it is not FMLA?

I called in sick unconsecutively to care for my ill child, 4 times in a 3 month period. I have been employed for over 5 years with them. I am being placed on probation due to my attendance. My employer is private and has over 350 employees.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 23, 2022

It can be proteceted under Oregon's Sick Leave law, which covers care for a sick child. However, whether they violated the law depends on if you still had sick leave available and if you followed their reporting rules.

1 Answer | Asked in Employment Law and Civil Litigation for Oregon on
Q: I gave and fulfilled 2 weeks prior to leaving my job. Final paycheck wasn't ready until 4 days later, Is this legal?

The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 13, 2022

Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... View More

Eva Zelson
Eva Zelson
answered on Nov 10, 2022

It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... View More

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2 Answers | Asked in Employment Law for Oregon on
Q: If you quit without notice in Oregon are they required to pay your acquired vacation time?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 7, 2022

Pay out on PTO/vacation time is a contractual matter. If your former employer has a policy or practice in which they pay it out, then they have to, but that is also subject to their policies. As in, some employers may not pay it out without say 2 weeks notice, if one is fired, or some times only... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: If I work holidays is that daytime and a half

Is my boss required to pay extra on holidays if I work those days are they time and a half off

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 2, 2022

No, unless you have a contract that says otherwise, such as in a union. Most employers do this, but that is to entice people to work holidays.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Can an employer in oregon force you to buy out your contract when you make 50k a year, when breaking contract?

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

TeAnna Rice
TeAnna Rice
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.

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Employment Law and Tax Law for Oregon on
Q: employer payed me under the table for three years even though i asked to be on payroll.

i want to know what my rights are, and if irs can come after me for not paying income tax?

TeAnna Rice
TeAnna Rice
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

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