Though PTO hours are given up front at the start of the year, according to my company’s policy, those hours still have to be accrued in order to be legitimate. When an employee terminates, if they have used more PTO hours from their bank than they have technically accrued by that point in the... Read more »
answered on May 13, 2022
Most likely not - reach out to a wage and hour attorney with your employer's policies to evaluate your case.
i want to know what my rights are, and if irs can come after me for not paying income tax?
answered on May 13, 2022
Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... Read more »
The payroll accountants made a mistake and doubled my time on their books. Do I have to legally pay them back? It would be a financial hardship on my family.
answered on Apr 1, 2022
Yes, if you receive monies that you did not earn, your company has the right to ask for it back, whether it was their clerical error, or not. Receiving monies for work that you did not perform is termed "unjust enrichment," and the law does not allow persons to be unjustly enriched.
answered on Mar 18, 2022
An Oregon attorney could advise best, but your question remains open for two weeks. Who could you contact? You could reach out to an employment attorney on the termination issue. You could also reach out to a workers' comp attorney to discuss your job functions and how you contracted the... Read more »
what are my options to get out of contract? i’ve read you can get out of contract if your employer didn’t give you a copy of the contract but not sure if that’s true. plus i can’t remember if they never gave me a copy or if they gave me a copy and i lost it? either way do i have options to... Read more »
answered on Mar 8, 2022
You should contact an Oregon employment attorney to discuss your situation. If you have completed most or a substantial portion of your employment term, you may be entitled to at least a reduction in the total amount the company is claiming you owe them. If you signed the original agreement, then... Read more »
Employee contacted management to let them know they had been in a car accident (not work related) and were okay. They said they would keep in touch and update us after they got some rest. A few hours later they contacted management and said they may have a concussion due to the airbags not going... Read more »
answered on Feb 27, 2022
Under the Oregon Sick Time Leave law, employers cannot require it ask employees to find cover for shifts they will miss that they are taking sick leave for. Management may be liable for asking Employee to do that. Furthermore, their termination in such close proximity to their need to take sick... Read more »
I informed my employer that I didn't agree to the contractual agreement as known as a mandate.
answered on Feb 27, 2022
No. Employers can require you to wear a mask and face shield with a few minor exceptions that do not appear to apply here based on your response to them.
giving them a month off work.
answered on Feb 16, 2022
More information is needed to answer your questions. It sounds like your employer took disciplinary action against the coworker who sexually assaulted you after you reported the incident. Has the coworker returned to work? Is he or she still working with or near you? You should contact an... Read more »
I've been working at my current position for over a year now. I am constantly bullied, harassed, and intimidated by coworker and a higherup. I have reported this several times, but nothing has been done. When I have had meetings to explain why I feel I am being treated poorly, it is blamed on... Read more »
answered on Feb 6, 2022
Potentially. Eligibility after quitting is never a sure thing, and ultimately it will be up to an administrative law judge. You will have to prove you had no choice but to quit.
I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »
answered on Jan 5, 2022
The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.
You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your... Read more »
I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »
answered on Jan 2, 2022
Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.
My employer is providing a one-time loan of 40 hours of PTO due to Covid and loss of work for winter weather (we're a construction company). They would like us to pay back that money by working overtime, though they'll only compensate us at our regular rate of pay, citing the risk that... Read more »
answered on Dec 30, 2021
Yes, they cannot do that. No matter what, other than if you are exempt from OT in general, if you work more than 40 hours in a week, you are owed OT.
In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... Read more »
answered on Dec 1, 2021
It is not clear what you mean by "at that time I felt I was fired", but you most likely have a claim for FMLA/OFLA retaliation and potentially OSTL retaliation. I highly recommend contacting an employment law attorney in your area to discuss your case.
In July of this year I was diagnosed with pancreatic cancer. The medical team was able to get me scheduled for surgery in Aug. August 9 I had surgery. On September 2nd my medical was canceled then on the 7th or 8th my boss called me and said this isn't working for him. At that time I felt I... Read more »
answered on Nov 30, 2021
More information is needed to answer your question. You should reach out to an Oregon employment attorney to discuss the communications you had with your employer leading up to and during your medical leave, as well as how you took the time off (ex. whether you used FMLA leave, paid time off,... Read more »
My employer is not paying my PTO because they say that I was “not fulfilling my work duties” since I called out sick one day during my 30 day notice. Are they able to do this?
They are not paying for the sick day, which is noted in the handbook since I called out during my 30 day... Read more »
answered on Oct 11, 2021
Are they not paying your PTO for the day that you were sick, or are they not paying out the balance of your PTO upon your termination? If they are not allowing you to use your PTO for the day you were sick, you could have a wage claim for those missing wages, assuming you qualify under Oregon Sick... Read more »
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... Read 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... Read 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... Read 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... Read more »
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