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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: I am plaintiff in civil suit, Pro Se. I need an attorney to re-write my Plea, which has been rejected by judge/technical

This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.

Virgil Royer
Virgil Royer 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... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

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... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. Did he test positive for COVID? I would recommend reaching out to an employment law attorney in your state. There is a possible argument for retaliation under the Families First Coronavirus Response Act if he did test positive. Otherwise, more information is needed... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

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... Read more »

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

1 Answer | Asked in Employment Law for Oregon on
Q: Gave notice of tort to the state of Oregon And now I want to move forward to a civil lawsuit -

Employment discrimination

Next steps - I’m going to file myself

What is the max amount of damages can you recover

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

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: How do i go about on seeing if i have a good case or not?
Mr. Michael O. Stevens
Mr. Michael O. Stevens 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.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: What do i do to get a free lawyer to help me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Have a good case where the attorney can make money from the other side.

1 Answer | Asked in Employment Law for Oregon on
Q: I am warehouse manager at a grocery store chain in Central Oregon. I worked there for a bit under a year.

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... Read more »

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

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Quit for good cause, Discrimination and harassments. Able to receive UI?

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... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens 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...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can I sue my university for cutting my hours by over 50% with not enough notice?

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... Read more »

Jeff Merrick
Jeff Merrick 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"...
Read more »

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 20, 2020

You may have protections: https://www.oregonlaws.org/ors/476.576

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I had to quit my job due to my boss yelling at me then physically trying to attack me.

Lucky a coworker held her back as I left through the back door. Now the company is not paying me out for vacation days i earned in the past year. My boss also didn't tell her supervisor about her trying to attack me so they are taking my quitting without 2 weeks notice as the reason for not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 14, 2020

Denial of your unemployment is up to the state, and given the facts above you should or should have appealed any denial.

As to the payout, they may or may not be required to pay you out on your vacation time. However, if you file a complaint with BOLI over the unsafe workplace, your former...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: My manager sent me a "Performance Improvement Plan" letter demanding a signed response by EOD. Must I respond?

Hello, I am working in a hostile work environment and on top of that - I have been given a "Performance Improvement Plan" which is actually a letter listing all "shortcomings" of my performance in my work. There are inaccuracies in this. I feel confident that I am being forced... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 25, 2020

They cannot force you to sign, but refusing to sign can be insubordination, which could get you fired for cause and potentially make you ineligible for unemployment.

1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: Can talking about drag queens be considered sexual harassment in Oregon

Talking about drag queen from the tv show rupauls drag race and who we like and don’t like and how could it be considered sexual harassment.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 25, 2020

Depending on the context and content, yes it could.

1 Answer | Asked in Employment Law for Oregon on
Q: Help understanding oregon labor laws for exempt

I was wondering if you can please clear up some really confusing things i am reading about oregon labor laws for exempt employees.

I am required to work over 40 hours as a teller supervisor in a call center in oregon. They say im a exempt salaried employee so i don't get overtime, but... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 20, 2020

Generally speaking they cannot, but there are exceptions. See BOLI's technical FAQs for some general info: https://www.oregon.gov/boli/employers/Pages/salaried-exempt-employees.aspx

They cite to CFRs and OARs which can provide the actual rules.

1 Answer | Asked in Employment Law for Oregon on
Q: oregon labor law exempt employees

Good morning, I was wondering if you can please help me understand some really confusing things i am reading about oregon labor laws for exempt employees.

At my current employer I am required to work over 40 hours as a teller supervisor in a call center in oregon. They say im a exempt... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 20, 2020

Generally speaking they cannot, but there are exceptions. See BOLI's technical FAQs for some general info: https://www.oregon.gov/boli/employers/Pages/salaried-exempt-employees.aspx

They cite to CFRs and OARs which can provide the actual rules.

1 Answer | Asked in Employment Law for Oregon on
Q: I signed a contract for a school for the upcoming year and want to know if I can back out without any legal consequence

Contract says: It is hereby agreed between the Board of Education of School District #10 and the undersigned licensed staff member that the licensed staff member will teach in the schools of the district for the 2020-2021 school year. It is further understood and agreed that this contract is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 14, 2020

I doubt that is the entire contract, as those contracts usually gone on for several pages, and no attorney can give you an answer without reviewing the entire contract.

1 Answer | Asked in Employment Law for Oregon on
Q: workplace fairness and stigma

I had to leave work during the shut down to protect my loved one from possible exposure to the virus because i work for an ESSENTIAL buisness and the state issued its people to only go out for essential items, however many people were not following the policies in place so my work environment which... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

You could try reposting your question under the Employment Law/Employment Discrimination (if you feel some sort of discrimination could be involved) since it remains open for three weeks. There's no guarantee that every post is answered, but in those categories, your question(s) would have... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Probation periods and how do they work?

Recently my husband was fired from his work place because he got into an accident on company time with a company vehicle. When he tried to file a claim for unjust termination, the work place told him he couldn't do it because he has no union behind him because he wasn't past the probation... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 30, 2020

I would suggest contacting a law firm that handles union cases (labor law), such as McKanna Bishop Joffe, as they handle those types of cases. The probation period and rules associated with it should be in the collective bargaining agreement, which the union would have a copy of.

1 Answer | Asked in Employment Law for Oregon on
Q: can your employer force you to use their payroll card in oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 20, 2020

If you mean the electronic pay cards, not exactly. You have to agree to it, and you can revoke that authority, but it has to be done in writing.

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