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Oregon Employment Law Questions & Answers
2 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for Oregon on
Q: guy we were working for assaulted one of our workers 2x and now refuses to pay us. Says we are trying to extort

He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 6, 2018

Hard to follow exactly what happened. If he assaulted you, you can sue for battery. If you were an employee, you can sue for the back wages and a penalty wage. If you were an independent contractor, you can sue for breach of contract.

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1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: I complained about being sexually harassed @ work and was taken off the schedule indefinitely. Do I have a case?

I complained to HR about the head manager/boss' son getting drunk on the clock and sexually harassing me at work and was told it would be taken care of. I was then told that since nothing could be proven they weren't going to do anything about it and said they were taking me off the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2018

It does sound like you would have a case for the sexual harassment, and potentially other claims. Find an employment law attorney near you to discuss.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Are settlements that are signed over email (pdf) legal documents?

I am settling a dispute with a company I used to work for because of bonus money that I was given but I broke my agreement to stay for 2 years. Now I am trying to settle for a lesser amount but the company is refusing to mail me a copy of the agreement and wants me to sign a pdf over email.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 6, 2018

Yes, they are. Federal e-sign makes it legal.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: In Oregon, can an employer sue an employee for legal fees after employee files BOLI complaint (but is not suing yet)?

After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.

1 Answer | Asked in Employment Law for Oregon on
Q: I have signed offer letter stating position and payrate, but was demoted 5 mths later b/c not “approved”

I was given offer letter stating leadership position at leadership payrate. I signed offer letter.

I was then given leadership training, have leadership access, and have been operating in a leadership role alongside one other leader in our market.

Fast forward 5 months to today,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 22, 2018

Yes, they can, or at least most likely. Employment is at will, meaning they can change any conditions of employment as well with prior notice. That would include your position. The exception would be if you have an actual contract saying you are to work a specific job and only that position. The... View More

1 Answer | Asked in Employment Law for Oregon on
Q: my former employer laid me off and will not return tools or a final paycheck to me because he clams i owe him for repair
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 18, 2018

He cannot hold your tools or paycheck, or at least most likely, and would be subject to penalty wages for withholding the check. I would contact an employment law attorney in your area to discuss your options. Most have a free initial consultation, and many take cases like this on a contingency.... View More

1 Answer | Asked in Employment Law for Oregon on
Q: My sister was fired from a job that she worked at for 12 years with no reason at all. Is this legal
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 11, 2018

Yes, this is legal, an employer is not required to inform an employee as to why they were fired, regardless of how long they have been an employee. But, she should make sure she receives her final paycheck no later than the end of the next business day. If she does/did not, she can get potentially... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I have been terminated from my job for not coming in when called on my day off, can they do that?

It was not for "no cause", I was told by my immediate supervisor it was because when called in on my day off, I declined to come in., Then when I talked to the owner he said it was for a different reason that was provable as false (not completing my work on time, 4 people backed up that I... View More

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

Oregon is at will, meaning they do not need cause to fire you. They literally could fire you because you wore a blue hat to work. Now, once the Predictable Scheduling Law takes effect next year, then they would not be able to fire you for something like this, assuming the employer is subject to the... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Where can I sue Amazon Retail, LLC for failure to pay wages in small claims court and for how much after termination?

I was terminated by Amazon Retail LLC on 12-14-17. Pursuant to ORS 652.140(1), they should have paid me all wages in a paycheck by the end of the business day the next day, that would be 12-15-17, today. They have not done so, even after I made a good faith effort to collect on the telephone. They... View More

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

You can file in small claims court, but it is not 8 times what they owe you. It is 8 hours of pay per day they are late. So, you get 8 hours of pay starting tomorrow.

I would actually suggest waiting until you get your final paycheck (Amazon will probably due it in a few days), that way you...
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1 Answer | Asked in Employment Law for Oregon on
Q: Performance issue and voluntary demotion offer, which was later denied. Do I have any legal recourse?

Placed on a performance improvement plan (PIP) last year and passed it. Agreed to seek further training at my expense and did, although allowed to attend class on company time.

One month after class began, I was offered a severance package or a voluntary demotion. Offer not in writing.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 7, 2017

Unfortunately, it dos not sound like it. If the issues were related to you being in a protected class, that would be a different story, but you make no mention of the issues being related to that.

1 Answer | Asked in Employment Law for Oregon on
Q: i was fired for not having the availability to cover someone else shift. then physically assaulted. do i have a case?

wasn't able to cover a shift then was physically assaulted by the manger then fired. She then was fired a few days later for the assault after multiple witness reports were filed.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2018

For not being able to cover the shift, there is no protection (note the law is changing on that, but it does not apply to all employers). For the assault, you may have a case against the manager and the employer for that, potentially even a wrongful discharge if you were fired for reporting the... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: a guy exspossed himself to me at work he was fired I was later fired

when I was fired I loved my job so much that I went and asked for my job back they said no.... later told my husband I was not rehireable and it was on my record.... so they just rehired this guy that was fired for sexual harassment they never reported it to the police and they rehired him but told... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 20, 2017

The question is, why were you fired, or at least what did they tell you? Plus, why do you think you were fired?

If your termination was for something unrelated to the sexual harassment, then there maybe nothing to this. If your termination was related to the sexual harassment, then you may...
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1 Answer | Asked in Employment Law for Oregon on
Q: I was fired from my job for attending a divorce/custody hearing. My daughter was a victim of abuse. Can I be fired

My wife was convicted of assault then filed for sole custody. Is this a protected reason to miss work

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 17, 2017

Unfortunately, there is no law I am aware of that protects you in this situation. There are laws related to criminal court proceedings, but not civil.

Just make sure they pay your final paycheck by the end of the next business day, if they have not already. Failure to do that will allow you...
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1 Answer | Asked in Employment Law for Oregon on
Q: Employee commission final pay?

I was let go from my job approx. 1 month ago. As an employee (non-contractor) I was paid a fixed wage and 15% commission. They handed me a small check with all my PTO, but I have yet to hear about anything of my "quarterly" commission which is owed from Q1,Q2, and Q3. How should I move forward?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 6, 2017

Those amounts would have been due on your final check (though there could be caveats). The best path forward is to find an employment law attorney in your area that does final paycheck cases to go after them for those back amounts, plus penalty wages. Most do it on a contingency basis, meaning you... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Oregon on
Q: My question is this.... I clean houses for a living and I've been cleaning my landlady's house for the past year every

two weeks with no problem with the payment. In may I have the landlord issue and she offers to let me and my fiance stay in her rental / Garage. In exchange for rent my fiance will be helping her husband with their other rental renovating it Etc and also around the house because they're... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 6, 2017

Potentially you are owed back wages and penalties. A close examination though of the agreements is needed to figure out the amounts, as it is unclear if your work and tenancy were connected and thus she could withhold as part of the rent.

1 Answer | Asked in Employment Law for Oregon on
Q: I was recently fired from my job and they are trying to make me pay them back for training I received, do I have options

I was hired to work for a Chiropractor as a Chiropractic Assistant. This position requires you to get certified as a CA with the Oregon Board of Chiropractic Examiners. This training cost is $425.00 and was paid by my employer with a contract stating that if I left for any reason before 1 year was... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 31, 2017

This really depends on the contract and the exact wording on that specific clause about re-payment.

1 Answer | Asked in Employment Law for Oregon on
Q: I was working on prevailing wage job then my employer got new equipment and said he couldn't pay us prevailing wage.

Nor will he pay for travel time I said I didn't want to work until I got paid up and weeks go by and still nothing and I told him I was done.now I'm looking for a new job while bills are piling up

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 9, 2017

You have a few options, but I will say an employer cannot opt out of paying prevailing wages on a job that requires it. One option is to file a wage complaint with BOLI, another is to retain an attorney to go after it (which is usually done on a contingency basis), but none are particularly quick.... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can my boss fine employees for discrepancies he can't prove who did or that no one fixed?

We had to sign a form. If one of us didn't put tools away, we would all get fined. If an employee parked where the boss doesn't want, another employee doesn't make the cars owner move it, he fines all of us.

If there's trash and we don't pick it up, he fines us.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 10, 2017

I would say any fines are not legal, and he could get in a lot of trouble if he deducts such from your wages.

http://www.oregon.gov/boli/TA/pages/t_faq_tadeduct.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: I worked 50 or so hours at a warehouse job through a temp agency yet I got 50 hours of regular pay
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 4, 2017

I am guessing your question is why did you not get overtime, and that cannot be explain since you do not say if it was 50 hours in one week, over several weeks, etc.

1 Answer | Asked in Employment Law for Oregon on
Q: Company downsizing. Do I have to take an offer with them for a cut in pay? Can they deny unemployment if I refuse?

They claim it won't be because my wage wouldn't change untill January 1 2018. If my new job is another pay bracket lower it would drop again in 2019. That could be a drop as high as 9$ an hour. In addition the new location would be an extra 40 miles round trip commute. If I refuse this... View More

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

As to the pay cut, either you accept it or quit. Now, if you quit, you might still be eligible for unemployment either because of the pay reduction or the new distance. However, an extra 20 miles one way I believe is usually not enough, and the drop in pay is more of a percentage.... View More

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