A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?
answered on Feb 25, 2023
Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they... Read more »
A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?
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answered on Mar 5, 2023
If you were given a raise by your employer and it was subsequently taken away without notice, this may constitute a breach of contract or a violation of employment laws, depending on the specific terms of your employment agreement and the applicable regulations in your jurisdiction.
In most... Read more »
My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?
answered on Dec 27, 2022
If they require you to be there, then at a minimum they owe you for waiting time:
https://www.oregon.gov/boli/workers/Pages/paid-time.aspx
If you are actually working, then they owe you for just regular hours (and potentially OT if it makes you go over 40 hours in a week).... Read more »
My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?
answered on Dec 27, 2022
Your question is more related to employment law and wage/hour than it is WC, but it doesn't pass my (WC lawyer) smell-test. You should be paid for the time you work. That's it. My recollection is that there's some flexibility...like, come in early and leave early or work extra today... Read more »
I cannot find any reputable shop to perform this job.
The gas tank is plastic and not metal.
I have expressed my concerns and have been overruled by management and instructed to proceed.
We have found a non-certified individual to work as a 1099 to perform the repairs... Read more »
answered on Dec 4, 2022
I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... Read more »
I called in sick unconsecutively to care for my ill child, 4 times in a 3 month period. I have been employed for over 5 years with them. I am being placed on probation due to my attendance. My employer is private and has over 350 employees.
answered on Nov 23, 2022
It can be proteceted under Oregon's Sick Leave law, which covers care for a sick child. However, whether they violated the law depends on if you still had sick leave available and if you followed their reporting rules.
The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... Read more »
answered on Nov 13, 2022
Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... Read more »
My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... Read more »
answered on Nov 10, 2022
It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... Read more »
answered on Aug 7, 2022
Pay out on PTO/vacation time is a contractual matter. If your former employer has a policy or practice in which they pay it out, then they have to, but that is also subject to their policies. As in, some employers may not pay it out without say 2 weeks notice, if one is fired, or some times only... Read more »
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answered on Aug 10, 2022
Payout of vacation time will be dictated by your employment agreement and the company policies regarding that payment. If the company has a pto benefit and you have accrued PTO that has gone unused, you should be entitled to that unused time as pay. Most employment contracts are at-will contracts... Read more »
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 »
They do not want me to work the next two weeks. I gave them my (verbal) two week's notice but now they want paperwork with my "last day" moved up to tomorrow. Do I have any standing to be paid those two weeks?
answered on Mar 15, 2023
No, you do not have to. Of course they could then fire you, but so what if you already gave notice.
Didnt get paid 1/20/23. I've had several conversations via text with my boss (owner of company) about it.
He randomly fires me on 1/23/23 via text. I've text him several times about him still owing me money. He refuses to respond. I know he is still using same phone because my... Read more »
answered on Jan 25, 2023
Yes, a text message works for the written notice required in a final paycheck. Just make sure your text has the content required.
Is my boss required to pay extra on holidays if I work those days are they time and a half off
answered on Jul 2, 2022
No, unless you have a contract that says otherwise, such as in a union. Most employers do this, but that is to entice people to work holidays.
My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... Read more »
answered on Jul 1, 2022
Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.
The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?
answered on Jun 9, 2022
Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.
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.
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 »
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