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
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... Read more »
This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.
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 »
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 »
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 »
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 »
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
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.
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.
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... Read more »
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... Read more »
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 »
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 »
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 »
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 »
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 »
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
You may have protections: https://www.oregonlaws.org/ors/476.576
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 »
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 »
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 »
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.
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.
Depending on the context and content, yes it could.
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 »
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.
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 »
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.
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 »
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.
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 »
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 »
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 »
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.
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.
