Get free answers to your Employment Law legal questions from lawyers in your area.
I own a business and my friend wanted some extra cash. He was working at the job site and twisted his ankle. He ended up having to have surgery. Am I liable for his injuries. He worked a total of maybe 2 months at best/112 hours total. Pay was strictly under the table and no written contract.
answered on Feb 13, 2019
Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.
I have seen all these adds on FB stating if a person has stripped that they are owed min wage plus the money they paid to the house, bartender, waitresses, dj, hostess, and security. is this true? if so, what kind of lawyer should i hire?
answered on Jan 23, 2019
You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.
answered on Jan 21, 2019
Yes. Of course, you don't have to take the job if you were expecting more.
The restaurant I work at installed surveillance cameras a few months ago. I just found out it also has audio surveillance. We were not informed they could listen to us. Is that legal?
answered on Jan 18, 2019
If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.
My friend works for a fast food place. His hours are getting cut and he was told that if he complains about his hours being cut he will get written up for complaining. I didn't think this sounded legal, so I am checking. Can you please let me know if this is something he can get written up for.
answered on Jan 3, 2019
If this is a chain that has enough employees to qualify for Oregon's new predictive scheduling law, and they violated that, then he could get compensation for the cut hours and go after them for retaliation as a whistleblower.
I have been a temp employee for 3 years in oregon. I have a good hourly, and when I have work I work 32-38 hours a week. I found out a few months ago that I should have been getting paid sick time and access to a 401k, due to the fact that in jan of 2016 temporary employees in oregon are eligible... View More
answered on Dec 21, 2018
But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.
If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.
Unlikely the 401(k) is going... View More
Trying to help save a friends failing business . I feel she has taken advantage of the situation and has lied to me. I dont want to make waves . I just want my back pay if possible.
answered on Dec 19, 2018
Yes, you can. You can also hit them with various penalties so they will likely never do it again.
Came in Saturday no check got ahold of boss again and was told he’d have it today. If I don’t have my check today can I legally simply not show up to work until paid?
answered on Dec 2, 2018
Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.
In or last sales meeting, our manager had our staff stand up two by two in front of the rest of the staff, and have us critique the dress and appearance of each other in front of everybody to see if it conformed to our new dress code. The whole ordeal was demeaning, mortifying, and extremely... View More
answered on Dec 1, 2018
Most likely not anything improper from a legal standpoint. Not great team building, but not illegal since nothing you say appears to make it based on a protected class.
My husband worked for this employer for almost 4 yrs before I discovered this was illegal, low calculations I figure this employer owes us about 10K and that is a very low estimate. He still employs several people and they still do not receive travel pay, even though the owner now knows this is... View More
answered on Nov 15, 2018
For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.
There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at... View More
This is working with menially disabled adults. During the clocked out hours of 2200-0600 no pay is reserved. Is there a way for a company to work around laws that may prohibit such actions. What are the steps that should be taken if this is illegal.
answered on Nov 12, 2018
While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.
answered on Oct 24, 2018
Unfortunately, there is nothing wrong legally with the termination. This is common, but legal.
With the paycheck item, you may have something. As in, I am assuming you mean your final paycheck took a week, which since you were fired meant it was due by the end of the next business day. I... View More
The owner also took 20% of my tips every shift for over 3 years, refused to pay me more than minimum wage for my position as a manager and for being on call on my days off. I finally quit when I realized he was shorting my checks. Now he has threatened to sue me twice if I tell anyone about all of... View More
answered on Oct 23, 2018
Depends on how much you are talking about. If it is under $10k, you can go to small claims court. More than that, file in regular circuit court. Of course, you would be better off using an attorney, as most do these types of cases on a contingency basis, meaning you only pay them if you win.
i had a VP ask me questions about a manager, so i answered his questions honestly. After i answered him he went to the cio and told him what i said. The CIO told my manager that i gave her a less than glowing review so my manager immediately retaliated against me. Writing me up for offenses that... View More
answered on Oct 19, 2018
Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.
Now, if you text was discussing work conditions with a... View More
I realize by law my employer had to offer a 30 minute lunch.
My question is, do i have to lose 2.5 hours of pay each week or should they offer a 8 1/2 hour shift to avoid this?
answered on Sep 4, 2018
Your employer is forced to give you a lunch after 6 hours of work, so they have to give you this lunch. Now, if you are working through the lunch, then you have to be paid.
Employed for 7 years no write ups or Warnings entire time until 3 days prior given written and verbal warning at same time for same effects
answered on Aug 20, 2018
The big question is WHY is the employer treating you differently?
If the reason is illegal, then you have a case. Illegal reasons include, race, gender, retaliation for certain activities, etc.
If you want to chat, feel free to call
Jeff Merrick... View More
HR was already informed that I had to go to ER twice over rising blood pressure. I shared that I may have to go back to normal/initial job requirements before additional hours were added. I was told to come in and get FMLA paperwork and one hour later I was issued a formal dismissal via email... View More
answered on Aug 20, 2018
Your question raises several issues, including whether you have a "disability" and whether the employer had a duty to work with you to see if it could accommodate your disability.
If you want to chat, feel free to call.
Jeff Merrick
503-665-4234
https://www.oregonlitigationattorney.com
The lease was up at the building we worked out of, so we had to move with short notice. I work at a veterinary hospital. I was promised to be paid for the time I would have worked had we been open. In the beginning, it was supposed to be 2 weeks, but I have been off since June 25th with no info on... View More
answered on Aug 15, 2018
They said they would pay you, so I think you do have a case. However, BOLI may not get involved since you did not actually work. If there is no check tomorrow, text and see if you can corner them into getting the layoff notice so you can apply for unemployment.
I worked for my company and then left, on good terms, for a new job. my company offered me a raise to come back so I did. part of the arrangement was that I wouldn't loose and of my health or vision insurance as I was only gone for 3 days. I called my insurance last week for questions about a... View More
answered on Aug 14, 2018
This would be an unlawful deduction, and you would be entitled to the refund and then some. Of course, if they are saying they still had to pay the insurance company, and let's say they did, then your employer is likely off the hook, but the health insurer has some explaining to do if they... View More
Lived in Portland OR when i got a call from a old boss basically begging me to come to Grant's Pass to help him with his business. He has a dispensary and a living quarters above it. He said I could live there for free while I work for him. I only agreed because I still have a lease in... View More
answered on Aug 8, 2018
Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120
He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.