Get free answers to your Employment Law legal questions from lawyers in your area.
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.
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... View More
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... View More
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.
If not, have other states had success in blocking vaccination mandates?
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.
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.
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.
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... View More
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... View More
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... View More
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... View More
I know its a odd question. I just don't know the laws on online notarization.
answered on May 5, 2021
Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx
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.
Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.
answered on Mar 30, 2021
Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... View More
I was asked today if I'd be taking the covid vaccine when its available April 15th. I told him I wouldn't. He said if I dont get it,I need to look for another job. Its my understanding that Oregon allows,not only religious accommodation,but philosophical reasons as well. Im aware I can... View More
answered on Mar 29, 2021
Except under certain circumstances (that you do not mention) yes, they can require that you take the vaccine.
I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... View More
answered on Mar 31, 2021
Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... View More
I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment
answered on Jan 20, 2021
More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the... View More
This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.
answered on Nov 18, 2020
Just a few brief thoughts for you with regard to your question. This is a civil case. it is in state or federal court? Perjury is exclusively a criminal charge and only the District Attorney/Federal Prosecutors can make those types of charges. Being able to show, within your civil case, that... View More
My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.
If he chooses not to take the... View More
answered on Oct 31, 2020
Potentially. The pay cut might be enough to provide good cause for quitting. See this for more details: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm
But it is always risky to quit.
Employment discrimination
Next steps - I’m going to file myself
What is the max amount of damages can you recover
answered on Oct 23, 2020
File a lawsuit prior to the statute of limitations running, which is shorter due to the the tort claim aspect. If you did not go through the BOLI or EEOC process, you might consider that, and you might consider talking with an attorney as well about your case.
answered on Oct 16, 2020
Use the find a lawyer link above to search for an attorney in your area, then contact them. Many do a free initial consultation to see if you have a case.
answered on Oct 16, 2020
Have a good case where the attorney can make money from the other side.
A new husband/wife management team is coming in as store managers because the current store manager is retiring. Here's the deal, they've informed us that they are requiring all employees to fill out a new application for their CURRENT job positions. They want everyone on a 90 day... View More
answered on Oct 6, 2020
If these are new owners and a new company, then you already technically lost your job. And, that is likely what happened here. If you refuse, that is insubordination, which could lead to termination, and one that would likely disqualify you from unemployment.
Been employed as a hourly supervisor for just over 4 years at a local branch of a nationwide manufacturing company. My initial application was for a different position that I was turned down for. Did get hired in a entry level position, quickly advanced to supervisor. Continued to try and advance... View More
answered on Oct 6, 2020
In order to get UI benefits after quitting a job, you have to show good cause, which is a really high bar. See that section in this article: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm
Based on your description above, I doubt you would be eligible. Basically it has to... View More
I signed into my job as an EECS Undergraduate Learning Assistant at Oregon State University, where there was a max of 20 hours per week upon joining the team. Now, the first day of school, the maximum hours have dropped to about 10 hours per week per student, but specifically 7 hours per week per... View More
answered on Sep 28, 2020
One question will be whether you had a contract for the higher rate. Or was the 2019-20 contract separate and finished and now you have a new contract for 2020-21.
Other questions include whether you have an due process rights.
Pull together all of the "contract"... View More
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