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Oregon Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Oregon on
Q: Employer is requiring vaccination by 3/17/22, wants to know my intent to do so by 2/10/22. Do I have to share my intent?

Really just want to know if I have to share my intent as requested. I figure I know the deadline of 3/17/22 and either I meet it or I don’t.

0 Answers | Asked in Employment Law for Oregon on
Q: My employer forces us to share our tips 50/50 with the cook. She is the owner and one of the cooks along with her son.

There are days I don't even know what I've made because her or her son takes my tips and splits them. The cooks do not share half the work but they get half my tips. Can I do anything?

0 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can an Employer mandate that an Employee only use the bathroom on his two 10 minute and lunch breaks?

A Relative of mine has been requested by his employer to only take bathroom breaks on his assigned breaks, two 10 minute breaks and 30 minute lunch breaks. The Relative has not been taking excessive breaks, 2 or 3 bathroom breaks under 5 minutes each day. The Management at this company is bringing... Read more »

0 Answers | Asked in Employment Law for Oregon on
Q: My wife was underpaid on her paycheck. I would like to know what her rights are

Her employer failed to pay half of her paycheck and will not be paying her what is owed until her next paycheck which from what I understand, is against Oregon law

0 Answers | Asked in Employment Law and Employment Discrimination for Oregon on
Q: In my team some people get promotions quietly without interviewing and others are forced to interview. Seems wrong.

Also, when I interviewed, the job posting was ten years when I applied and after I made it past the prescreening, the posting was lowered to seven. I should have been promoted but was forced to interview instead.

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

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

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Employment Law for Oregon on
Q: My employer wants us to work OT at the regular rate to pay back front-loaded sick time. Is that legal?

My employer is providing a one-time loan of 40 hours of PTO due to Covid and loss of work for winter weather (we're a construction company). They would like us to pay back that money by working overtime, though they'll only compensate us at our regular rate of pay, citing the risk that... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 30, 2021

Yes, they cannot do that. No matter what, other than if you are exempt from OT in general, if you work more than 40 hours in a week, you are owed OT.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for missing work due to having cancer and getting surgery. Do I have any options?

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... Read more »

TeAnna Rice
TeAnna Rice 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.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for missing work due to having cancer and getting surgery. Do I have any options?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 30, 2021

More information is needed to answer your question. You should reach out to an Oregon employment attorney to discuss the communications you had with your employer leading up to and during your medical leave, as well as how you took the time off (ex. whether you used FMLA leave, paid time off,... Read more »

2 Answers | Asked in Employment Law for Oregon on
Q: My employer is not paying out my PTO because they are saying since I called in sick during my 30 day notice.

My employer is not paying my PTO because they say that I was “not fulfilling my work duties” since I called out sick one day during my 30 day notice. Are they able to do this?

They are not paying for the sick day, which is noted in the handbook since I called out during my 30 day... Read more »

TeAnna Rice
TeAnna Rice answered on Oct 11, 2021

Are they not paying your PTO for the day that you were sick, or are they not paying out the balance of your PTO upon your termination? If they are not allowing you to use your PTO for the day you were sick, you could have a wage claim for those missing wages, assuming you qualify under Oregon Sick... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Is it Legal for an employer to put up a sign saying they start at a certain rate when their employees do not make that?

My work put up a sign saying a position starts at $17.25/hr. I work the position and only make $15.48/hr. My employer told a coworker that it’s because we work 32 hours a week instead of 40.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Maybe not. This is not really a minimum wage question, it is whether the employer has misrepresented the terms of employment. In CA, it is unlawful for an employer to misrepresent the terms of employment to get you to move to CA for the job. In OR? You should contact a local employment law... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: The company I work for won’t give me time off for a religious observance, going against their own policy, can I sue?

I work for the Kaiser corporation and recently filed for a personal leave with no pay for a week in October. The policy says it can be accommodated unless it leaves undue hardship on the employer. I’m in the middle of a list of 9 oncalls at my job, I know there will be someone to cover, but... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you may have a claim for failure to accommodate on the basis of your religion. You should contact an employment law attorney in your area to discuss your situation in more detail.

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

1 Answer | Asked in Employment Law and Immigration Law for Oregon on
Q: Can I legally take on a remote contract job for Canadian company as a green card holder in the US (permanent resident)?

My 10 year green card expires is 2025 (Swedish citizenship). I just got a remote job opportunity as a full time contractor for a Canadian company. Can I legally be paid by them and not run into issues? I will be living in the US still.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 9, 2021

As a green card holder you can take whatever job you wish. Make sure you get advice on tax implications in the two countries.

1 Answer | Asked in Employment Law for Oregon on
Q: See below

I have a question - I put in a proper 2-week notice on May 17th with May 31st being my last day of the 2 week notice.  I understand I forfeited all but 16 hours of my vacation according to HR and company’s policy around 2 week notices.  The 31st is a holiday and our HR Generalist moved my Exit... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 27, 2021

Holiday pay is not a legally controlled item, it is only a company policy, so you would have to look at your company's policies. That said, while you may not have control over holidays, you did have control as to when to put in your notice, and Memorial Day has been scheduled on that date for... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: My employer pressured me to come back to work without Dr's clearance and now my injury has been exasperated

Last year I fractured my scapula in a non work related injury. I was on short term disability and pressured to come back without a Dr's clearance due to staff shortages. Due to lack of employees light duty is not possible and now almost a year later my shoulder still throbs and I can't... Read more »

Tim Akpinar
Tim Akpinar answered on May 25, 2021

An Oregon attorney could advise best, but your question remains open for a week. If there were attorneys involved in either the original injury claim or STD claim, they might be starting points as your first option in seeking direction. If you do not have attorneys associated with those aspects of... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Are online notarys accepted in oregon? Will the states employment dept accept it if so or do you know?

I know its a odd question. I just don't know the laws on online notarization.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: I need assistance with employee laws
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Then ask a question here, or contact an employment law attorney in your area. There is a find a lawyer link above so you can search for an attorney.

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