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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: employment question

I worked for the company Capstone Logistics that's got a national lawsuit for robbing their employees, I worked for them in Miami florida and in Clackamas Oregon. capstone offers lumper services at big company warehouses like fred Meyers and winn Dixie. in Clackamas Oregon fred Meyers ended... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

It sounds like you are asking about severance pay, and that is not required. IF you are asking about the penalties for violation of the WARN Act for only giving 30 days notice, that assumes the WARN Act applies. There are exceptions, and perhaps not all of the 190 employees count as some could be... View More

1 Answer | Asked in Employment Law for Oregon on
Q: How hard is it to prove yr employer turned in emails.to the state police in bad faith?

Basically wrongfully terminated I feel and HR lied from the very intiaial meeteing. I missed My union said they were going to grieve it yet oops forgot what

20 year employee zero disciple HR lied to the unemployment judge and possibly ly tampered with evidence

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

You have several questions. Unless the employer lied to the police, there is no bad faith for turning over the emails. As to the rest, I would find a labor law attorney (labor law deals with union jobs) and sit down for a free consultation to discuss if you have a case.

1 Answer | Asked in Employment Law for Oregon on
Q: Is anybody willing to go get the state of Oregon for wrongful termination 7 months of my two years is up. It is layered

With lies coverup abuse of power malicious. However my emails were very bad omly as perception not all factual but yes not all untruths. 20 years zero discipline despite binding contract that does have 9 stages OF progressivedisipline . Just want equal treatment

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

If seven months have already passed, you may already be too late as a tort claim notice had to be sent within 180 days.

1 Answer | Asked in Employment Law for Oregon on
Q: in state of oregon can employer fire you if you relapse and ask for help

I heard that you can not get fire if you relapse and ask for help through your employer. basically if I bring the problem to them first and the employer did not come to me for a UA. then they are suppose to provide the treatment?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Relapse on what? If you are talking about an addiction issue, one might have some protections via the ADA.

1 Answer | Asked in Employment Law for Oregon on
Q: If you make a mistake at work can your employer make you sign a form declining unemployment if you are ever fired?

My employer has asked me to sign a form agreeing that if I keep my job I will not file for unemployment benefits and if I don't sign I was told I would be fired on the spot. The reason Ive been asked to sign the form is a made a somewhat costly but genuine mistake on the job and damaged the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Never heard of something like this, but in a sense it is good for you in that if they fire you now you would likely not be eligible for unemployment. Generally if you are fired for cause, you do not get unemployment (there are exceptions though). My guess is that the contract your employer is... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I have a friend who applied to work with me in a assisted living she did not pass her drug screen.

They said they could not offer her the job. Is there a waiting period by law she can wait and apply again or do they not have to give her another chance to pass?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

There is no law requiring them to let her apply again, nor controlling how long they can make her wait.

1 Answer | Asked in Employment Law for Oregon on
Q: Will my boss owe me unpaid wage if startup closes?

Hello, I'm working in a startup as an independent contractor. Mo contract starts with this paragraph:

This Consulting Agreement (“Agreement”) is made and entered into as of the Date (“Effective Date”) by and between Boss Name and legal entities he represents (the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

In such a situation, an employer (or potentially a just a business you have a contract with) would still owe the wages. The problem is, if this person does not have the money, then you would have a difficult time collecting what is owed. Further, your contract is likely with the company, which is... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can my manager place me on corrective action for not responding to work emails?

My manager sends me tons of work emails and I don't always respond to all of them right away. She tells me by me not responding to her emails I am being disrespectful to her and insubordinate. I just had my last performance evaluation and it was rated as "exceeds standards" and now... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Employers can put employees on corrective actions for almost any reason, as employment is at will. An employer could even just fire an employee for not responding to emails promptly (assuming the employer does not have a progressive discipline policy).

1 Answer | Asked in Employment Law for Oregon on
Q: is it legal to deny paid holiday if you work full time but have missed days because of health concern and sick days?

i work full time but have missed a certin amount of days because of sick/health reasons and have had some and some not excused absences.

my employer said i cannot get my paid holidays because of this. but I have worked for the company which states that I can gain paid holidays after 6 months

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

This would be an issue of contract, as employers are not required to provide any sort of paid time off, including holidays (assuming this is not a government job). So it comes down to what exactly are the employers' policies.

1 Answer | Asked in Employment Law for Oregon on
Q: I have been advised to seek a lawyer in a sexual harassment and bullying situation with walmart as an employee.

What is my best way to go?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Attorneys cannot solicit your business, so you would have to find an attorney and contact them. You can Google search employment law attorney and your city, or use the find a lawyer link here on Justia to find someone who does employment law. Then check out their online presence to ensure they do... View More

1 Answer | Asked in Employment Law for Oregon on
Q: My firm's VP verbally promised 35 employees continued employment, then laid 12 of us off less than 2 weeks later.

The consulting firm recently lost its largest client in the market I work in and gathered the 35 consultants who worked there to go over the cause for the end of the client service agreement. One of the firm's founders and current VP verbally promised that we would not lose our jobs, and less... View More

Jeremy R. James
Jeremy R. James
answered on Jul 24, 2015

First of all, I am sorry to hear you lost your job. Although more information is required to answer this question fully, from what you describe, it is unlikely you have a claim for violation of an employment agreement. As you probably have heard, almost all employment is deemed "at... View More

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: 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...
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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....
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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... View More

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...
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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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