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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Recently my immediate boss lost his temper at work. He pushed me and used demeaning, direct and vulgarity. Can you help?

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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.

1 Answer | Asked in Employment Law for Oregon on
Q: I am a minor that constantly works alone without a break for 5+ hours. I work at a frozen yogurt shop. Is that legal?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 9, 2017

Potentially not. Part of this depends on your exact age. See this for greater details: http://www.oregon.gov/BOLI/TA/pages/T_FAQ_Taminors.aspx

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Employer has religious beliefs question

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?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years. I habe learned that the new law is 18 months. If that law went into effect January 1 2016 does the contract stand or is it voided by not containing the correct requirements?

Joanne Reisman
Joanne Reisman
answered on Jul 27, 2017

I don't know what new law you are talking about. Do you have a citation for it?

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Oregon on
Q: Is an employer allowed to ask for full access to legal records to excuse an absence?

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Oregon on
Q: Discrimination?

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: I got fired for leaving a voicemail to another employee, I don't think I even left a VM. I was given no info on said VM

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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...
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1 Answer | Asked in Employment Law for Oregon on
Q: I was terminated for sending an email. I worked for a company X which is a vendor to company Y.

Because I am a FSE, I needed access to company Y to support our team. Company Y declined issuing me a badge. I tried in vain to get them give me the reason for the denial, but never gotten any answers. After 2 years of trying, I decided to email company Y's CEO asking for help, and I used my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 5, 2017

They can fire you for that, or for any reason, or no reason at all, as long as it is not illegal. Illegal gets into discrimination, as in they fired you because you are gay, or Jewish, or Hispanic, etc.

As to signing, basically they are offering a severance package. To get that money, you...
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1 Answer | Asked in Employment Law for Oregon on
Q: Employee taking vacation for surgery. Their job requires them to be able to lift 50lbs- I have no other job for them

Am I on solid legal footing if I don't allow them to return to work until they are released to lift required weight?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 23, 2017

As an employer, I strongly suggest you retain an attorney to provide a detailed analysis. There are lots of employer-side law firms out there, and you do not want to end up with a lawsuit, as that will be much more expensive than paying for an opinion.

1 Answer | Asked in Employment Law for Oregon on
Q: Do my supervisor and I have a conflict if interest?

My supervisor and my ex who've I've been broken up could pass for identical twins but I don't think there's any connection between the two. I know this is a stupid question but is this a conflict of interest or just a strange coincidence?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 23, 2017

Perhaps there is a conflict, but there is nothing illegal about it, even if there was a conflict of interest.

1 Answer | Asked in Employment Law for Oregon on
Q: I was excluded from a job I qualify for because I was not provided with a testing time that is required for the job.

I applied for a job and was accepted into the second round of the hiring phase - during this time, you are required to take a test before a deadline before you can move on to the actual interview portion of the hiring process.

The problem is that they accepted me into the second round AFTER... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 22, 2017

Assuming this is not a government job or a union job, then likely there is nothing to do. Now, if you think they did this because you are in a protected class, then that changes things. However, you mention nothing about discrimination.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I'm being told that I have to wait 2 years before I start a business from my employer. But there isn't anything in the

Contract or in the policy. Now they are saying it was verbal during my orientation. But they never said anything about a restriction. And every coworker I've talked to has never heard that in their orientation either. What should I do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

Consult with an attorney in your area to discuss to go over your options. Though, unless you are planning on leaving, this is all academic at this point.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Does 2 year restriction have to be in a contract or in a policy book?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2017

If you are talking about a non-compete, Oregon law has a bunch of limitations, and one of those is that it can only be at most for 18 months: https://www.oregonlaws.org/ors/653.295

1 Answer | Asked in Employment Law for Oregon on
Q: I want to open my own shop but was told I would have to wait 2 years, could they come after me if I do?

I work at les schwab and I want to open my own used tire store. but I was just told that when they gave me my presentation (a year ago) i would have to wait 2 years before working with a competitor. but there's nothing in writing, can they sue me or do anything to me??

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 15, 2017

Are you sure you did not sign something when you were hired?

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: is my employer allowed to not give me a copy of my contract if I ask for one?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
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,...
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1 Answer | Asked in Employment Law for Oregon on
Q: i was turned down for unemployment because i was fired for misconduct can I win my appeal?

a friend owed me money from an old debt. i tricked him to sending me the money because he forgot he owed it to me he sent me the money , then when i told him he was furious and sent two months of chat records to all of the banks top managment., what got me fired was i made a phone call to him... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 8, 2017

Potentially. First, usually you have to be on notice that your job is on the line, such as a performance plan, due to little misconduct such as is alleged here. Secondly, you could also win if you can prove what you say as to there not really being a policy, or that the policy was as you say. Just... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: 60 year old woman in the Curry County Oregon area has cancer. Can her job be terminated?

The woman has completed her cancer treatment and has a clean bill of health. She works in the private industry. She has very little money. Her employer wants her to train someone to do her job. Looks like she is being fired. Who does she talk to in regards to her situation.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 5, 2017

Having cancer in and of itself does not protect a job. That said, it sounds like she thinks the employer is considering or planning on discriminating based on a health condition, which may violate FMLA or ORFMLA (lots of factors as to eligibility and what not). She can find a local attorney, or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: can I be suspended and possibly fired from my job for doing things that I was not aware of were wrong for me to do?

Today I was suspended and told to be under investigation through my job by the loss prevention manager, for doing things wrong that I was unaware of were wrong. I have only been employed with the company for a little over a month now and I am still learning what can and can't be done. Today I... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 18, 2017

Yes, they can do this, nothing illegal about it. In fact, if they had wanted to, they could have just fired you, as employment is at will. That means that can fire you for just about any reason, or no reason at all.

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2017

I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Hello, I recently faced harassment in the workplace from 2 superiors, and they humiliated me in front of other employee.

Do I have a case? The organization has already accepted responsibility for this. I would like to be compensated for being so humiliated that I can't ever go back.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 28, 2017

This depends on what the humiliation is about. If it is related to you being in a protected class, then yes. For instance, if you are black and they called you say hot chocolate ala the accusation against Bill O'Reilly, that would be humilation related to your inclusion in a protected class.

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