Oregon Q&A by Practice Area
Oregon Questions & Answers
Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?
If a therapy practice has a policy that they do not see registered sex offenders as clients,
Should this information be made available to you, on their website, or as a screening question?
It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »
I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.
Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?
I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by... Read more »
Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?
How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?
It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note... Read more »
Q: I live in Oregon and am under the impression that a landlord cannot charge a monthly 'pet rent' for any animals.
I know service and esa are except from 'pet' deposits and rent.
No, charging pet rent for non-service and non-emotional support animals is legal in Oregon, as is charging increased or a separate pet security deposit. What is not legal is to charge a pet fee.
Q: I asked for sick pay because my made me come to work or I was fired and he would keep my last check. I lost my voice
I was visibly sick , I lost my voice. I cook at a hibachi grill , I couldn't communicate with my customers and I had to work the entire shift. I had to try and yell and my voice was completely gone the next day so I said no when he tried to force me to work. I went to work still sick the next day,... Read more »
I don't believe there are liquidated damages for sick pay violations.
Q: If my final paycheck wasn't payed to me when the law requires it be ? Does my employer have to pay me a full days wages?
My boss suspended me indefinitely and then he kept my final paycheck because of a draw taken , I told him it was illegal and made him pay me. He was about three weeks late paying me and he changed my dependents to exempt and took 25% of my take home for himself. I have a court ordered child support... Read more »
There are a lot of things going on, but yes, it sounds like he would owe you a minimum of 8 hours of pay for each day he was late. But there is the possibility he owes more, a lot more. You should contact an employment law attorney near you to discuss.
Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs
I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?
Greetings,
I recommend you check with Oregon Bureau of Labor and Industries.
Jeff Merrick
https://oregonlitigationattorney.com
Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?
I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »
Greetings,
This sounds very bad.
I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.
Jeff Merrick
merrick@jeffmerrick.com
503-665-4234
Q: Can a employer garnish a employees wages without a signed document giving permission to do so?
Can an employer change an employees dependants to exempt so that he can deduct wages for a draw given with no document signed by the employee giving permission to do so?
Garnishment and a draw are two different things. A garnishment is a legal process your employer cannot do without being told to do it by someone with authority, such as a court; or if it is for their own purposes of money you owe them, only after they get a judgment from a court.
A draw is... Read more »
Q: We divorced May 2, 2019. He came with guns most inherited. I don't have a problem with him keeping family guns.
Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.
You are divorced. Once you are divorced the property division is FINAL. You can't change it now. I am assuming you got divorced first, fire second. But seriously, you can buy a gun or two much cheaper that pay an Attorney to fight over this. Just go buy your guns and be done with it. As... Read more »
Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15
I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?
You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could be... Read more »
Q: Can executor kick me out of home when my boyfriend is beneficiary?
My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate
This is impossible to answer without knowing all the facts such as how many beneficiaries there are in total and what the debts are that have to be paid. So yes, it's possible to get kicked out but again that depends on all the facts. Your boyfriend needs to consult with an attorney. You are... Read more »
Q: Im needing help with a few civil issues.
More details would be needed here for an attorney to respond - at least some basic information about the type of matter involved. Or if it is something you don't wish to post on a public forum, you could contact attorneys in your area directly. Good luck
Tim Akpinar
Q: His car was not damaged at all but the other car was. The guy scared me into saying it was my fault saying If I didn’t
He was going to call police and me without a license didn’t know what to do. So he told his insurance as well as my boyfriends insurance it was my fault. So now I am so scared and don’t know what to do. A claim has been filled with both insurance company’s.
I think you are responding to questions I asked you when I posted a response to a question you posted earlier but I really can't tell for sure as this post is not linked to the prior post. Please understand that the Attorneys who respond don't know who you are and don't work for Justia. We just... Read more »
Q: I want to ensure ill be getting a property once probate is over. Can i get this in a legal document
My parents estate is in probate and my sister is the executor. I want to buy one of the properties and my siblings say they want to be bought out. Is there any way i can have this in legal writing so i know for sure im getting it and they cant change their mind last second. Or is nothing able to be... Read more »
Ask them to sign a stipulated court order in the probate that gives you the right of first refusal to buy the property. You will want to include something in the order that sets the way to determine what the fair market value price will be that you have to pay. Remember you can only get a... Read more »
Q: I just got into a car accident and I do not have a ODL it is suspended:( I was driving my boyfriends car with insurance
I stayed and talked with the person and we contacted insurance company’s. But what do I do now?
Definitely tell your boyfriend's insurance. They will probably cover the accident if you had permission to drive his car and your are not a member of his household. If you are a member of his household meaning you live with him, there may be a clause in the policy which excludes members of the... Read more »
Q: In Oregon, if I get a dui with a child in the vehicle do I receive a charge of child endangerment
You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... Read more »
Q: Landlord is Serving 30 Day Eviction w/ Cause (violation of agreement/ Rule)
How might a tenant Claim in court the Rule is Not applied to All tenants? Landlord Acknowledged on multiple occasions that Another Tenant also violates said rule but has not been required to comply or Vacate.
Generally you don't. You and your landlord can enforce the terms of your rental agreement. You have no authority to intervene in an agreement between the landlord and another tenant if you are not a party to that agreement.
Q: A landlord is allowed to access the common areas for yard work if authorized by the lease agreement.
What Recourse is there if these actions are not Stated on the Lease in any form and is currently Ongoing and Excessive Yard "Maintenance"
No advanced notice from a landlord is required in order for them to enter a common area. Notice is only required to enter an area where a tenant has the right to exclude others. Since it is a common area, no specific tenant has the exclusive right to exclude from a common area.
Q: My Daughter has autism, Does this mean we have a right to a reasonable accommodation for the house we are renting?
6
Assuming her doctor is willing to "prescribe" an emotional support animal, and will give her a letter saying that, her landlord has nothing to say about it and is required by law to allow it and may not charge her anything extra for a security deposit, "pet rent", or any other charge because of the... Read more »
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