Lawyers, Answer Questions  & Get Points Log In
Oregon Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: New Seasons Market in Oregon has a mask 'requirement' for employees. Is this legal? Can we object and not lose our jobs?

The science clearly shows many health concerns rebreathing expired air and I feel strongly about staying healthy. I've been employed for almost 9 years and love my job with New Seasons but this new policy crosses the line. How can we reach a compromise? Thank you.

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

Yes, they can require it, just as they can require you to wear clothing, or if you had a job removing asbestos they can require you to wear full-on respirators.

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired on 05/12 at 945pm right before my 10pm shift. I haven't been paid and was told to call HR. What do I do?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 19, 2020

Assuming this was Oregon, your final check was due the next business day. So, you send a written demand to them ASAP and see if they pay you. You may also want to contact an employment law attorney to see what else you can do.

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer take back commission I've earned and been paid for and also paid taxes on?

I am an outside sales person and earn a base salary as well as commission if my sales total a certian amount (i.e. $3000=30% of sales, $4000=40%, etc.). After I sale an account, it is handed over to a franchisee and I no longer have anything to do with it. If the account cancels before 120 days has... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 16, 2020

Depends on your written commission agreement: https://www.oregon.gov/boli/TA/Pages/TA_FAQ_Commissions.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer reduce hours if I'm paid like salary, even though I'm classified as hourly?

I am an outside salesperson. When I started, I was salary + commission. A couple years ago, my boss changed me to hourly, although my pay did not change. He merely did the math on what my salary would be if paid hourly, and basically clocked me in and out for 8 hours each day. In the 6 years I... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 16, 2020

Yes, they can. Your remedy is to quit if you can find another job that pays more.

2 Answers | Asked in Employment Law for Oregon on
Q: Are Payroll records covered under Hipaa laws? Is it illegal for me to see them if I've been given access in the past?

I am 1 of 2 who work in my office. We are on our 4th office manager since I started. At times I have been the only office person for weeks and done all office duties besides Payroll. My company uses a Payroll service, but can't always pay the taxes right away, so writes us checks with no... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 15, 2020

HIPAA would not apply, as that applies to health records, but there are other privacy rules/laws that apply, so no, you should not be looking at other's records, but the violation is on the employer for not preventing you from doing so.

On a different topic, it sounds like your...
Read more »

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: How does carrying over accrued sick time work in Oregon?

I am confused about how carrying over my accrued sick time is supposed to work. At the end of 2018 I had 23 hours of accrued sick time I did not use that then carried over to 2019. In 2019 I accrued an additional 45 hours- bringing my total accrued hours to 68. I used 40. Does the remaining 28 just... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 14, 2020

The answer to this question will depend on a number of factors. I would begin by looking at the policies in your employee manual or employment contract (if you have one). Often accruals, and the amount that an employee is allowed to carry over from one year to the next, are bargained for. However,... Read more »

2 Answers | Asked in Employment Law and Securities Law for Oregon on
Q: Oregon. 40 hr as security, no breaks. Sup said he would take away our ability to sit as punishment. Legal or not?

Sup said bc people were putting their feet up on the desk, he would take away all chairs so we would have to stand for 8-12 hrs at a time. We do not get any breaks, no meal time or anything. We eat as we are working if we have time and often going to the bathroom we get angry people wanting to... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 12, 2020

There might be an OSHA regulation that requires chairs, so you might contact BOLI as they enforce OSHA. They also enforce the breaks and lunches, or lack thereof. If the employer also did not pay you for the lunch time, you may have a wage claim/overtime claim. As in, if your shift is 8 hours long,... Read more »

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: I was released from my probationary period as a salaried District Athletic Director without notice. Do I have a claim?

Employed 9/23/19-4/28/20 by a California school district. My position was hired as a non-union 'Classified Management' position with a salary of $4,700 per month. My supervisor was the district Superintendent. We only met twice during my tenure, and never once was my job performance,... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 7, 2020

You need to re-post in the California forum, as the laws do differ a bit from state to state.

1 Answer | Asked in Employment Law for Oregon on
Q: I have been getting garnishments deducted from my paycheck, but I don't owe money or no the reasoning.

I didn't even receive a notice of garnishment, till I asked my recent job if there was a reason for this garnishment.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 1, 2020

If the garnishment was not valid, it is likely they will not only owe you the money back, but also a penalty of $200 per unlawful deduction. I would contact an attorney to discuss your options.

1 Answer | Asked in Employment Law for Oregon on
Q: employer goes into time clock & deducts 30 minutes from everyday I work knowing I work through my lunch
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

This is what we often call wage theft. They owe you all of that time.

1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: 1/2 I told the wrong info to my coworker about our work schedule(not my intention, it is an honest mistake) resulting to

(2/2) ...him not able to work on his other job at other company. Am I obligated to pay him for his lost job hours? (Again not my intention to tell him wrong info)

Gregory L Abbott
Gregory L Abbott answered on Mar 15, 2020

If you are this fellow's manager or the person who officially schedules his work hours, maybe there is some sort of potential liability. But if not, you just gave him your best knowledge. It did not come with a guarantee of accuracy and ultimately it was his responsibility to determine his... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Family Law and Juvenile Law for Oregon on
Q: Would I be able to work as a"runaway" and are my parents able to prevent me from working in Oregon?

I live in Oregon and I'm seventeen. I graduated early a few months ago, I have a full time job and my birthday is in September. This is my first time living in Oregon with this parent because I moved in after I graduated and I was a resident at Job corps for a year before that. It's just... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 7, 2020

You are technically not able to commit to any legally binding agreements until you turn age 18 unless you get emancipated by a court proceeding. It probably isn't worth the time and money to file for an emancipation when you are only months away from turning 18. I suppose you could move out... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: do employers have to pay employees for training if the employer is paying for the training

my company is paying for me to take the armed dpsst class during my normal shift hours, does my employer still need to pay me my hourly wage

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 2, 2020

If you are required by your employer to attend, then it should be paid time.

1 Answer | Asked in Employment Law for Oregon on
Q: When I got laid off, my paycheck was incorrect. I got the rest of the $ a week later. Did they violate the law?

They also ignored my messages when I attempted to negotiate for more severance. Should I sign the severance agreement anyway?

Kyle Anderson
Kyle Anderson answered on Feb 26, 2020

Since you were paid a week later in full, I don't see a violation of law here. I would consult with an employment law attorney in your state before signing a severance agreement with legal ramifications.

1 Answer | Asked in Employment Law and Patents (Intellectual Property) for Oregon on
Q: What else can I do to make my deceased fathers employment office get ahold of me in order to process his last paycheck?

Hello, my father passed away last year in October and it is now February. I have called and called the agency (People Ready) my dad worked for (he worked as a carpenter through a temp agency) and I have left voicemails and even spoke to someone who said they would call me back, but no one has... Read more »

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

You might retain an attorney to contact them. A quick letter would likely not cost much, and the estate may be able to reimburse that cost. See ORS 652.190 for who is supposed to get the check to ensure you are the correct person before demanding the check.

1 Answer | Asked in Employment Law for Oregon on
Q: Can an employee sue a business owner that isn't paying an employees wages even though said business is an LLC?

Oregon business. Owner hasn't paid wages in almost a year. I believe blatantly ignoring LLC requirements.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 18, 2020

I would recommend contacting BOLI, as they can better force an individual to pay, and if the company has no money, they can use a special fund that is for that purpose.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I have a contract for employment. with financial fees - its an at will state of Oregon. is it binding need help consult

for company and need to leave to apply elsewhere causing anxiety and distress

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 8, 2020

Usually the contracts that require repayment of relocation or sign on bonuses are valid, but any attorney would need to review the entire contract to give you a valid opinion.

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.