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Oregon Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 15, 2018

Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.

If it is the other way around, review the lease and...
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1 Answer | Asked in Employment Law and Business Law for Oregon on
Q: I'm an hourly full time employee. Can an employer change your 8 hour work day to a 12 hour work day without notice?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 6, 2018

Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.

The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers:...
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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 11, 2018

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

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1 Answer | Asked in Business Formation and Business Law for Oregon on
Q: Does my LLC have to be the persona my online retail store operates as?

Could a company have one name but operate under another? The webside specializes in organic farming and farming tools. Also, is there any liability using "Dr." or "Doctor" so long as I am not giving out medical advice?

Benton R Patterson III
Benton R Patterson III answered on May 8, 2018

A business name does not have to match the name of a website it owns. It is fairly common for a business to own internet properties of a different name. It is likely fine to use the name doctor as part of a longer website name, so long as you do not do anything to suggest or cause confusion as to... Read more »

1 Answer | Asked in Federal Crimes, International Law and Business Law for Oregon on
Q: I wish to know if buy brand new luxury cars for a dealer to export it to other countries legal or illegal?

I buy brand new luxury cars with the dealers money, then make commission out of it, The dealer send a transportation company to pick up the car. They then ship the car to other counties such as China, Africa, Europe. I want to know if its legal for me to be doing this without getting legal stuff or... Read more »

Jingzhan Wang
Jingzhan Wang answered on Apr 10, 2018

For China, it's ok if you legally import it

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on
Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

Our appointment was for a full set and pedicure and waxing. We got a pedicure and waxed but the salon skipped over us for the full set and said we had to come back over an hour later if we still wanted it done. They were being very rude to us and it was embarrassing so we just stopped arguing with... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 12, 2018

You got some service so you should at least offer to pay for the part of the service you got.

1 Answer | Asked in Business Law, Intellectual Property and Contracts for Oregon on
Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

A group of independent consultants works collaboratively on some projects - primarily joint marketing, and also producing and delivering online training. The group created an LLC to own a bank account and linked online payment accounts, to take in, hold, & pay out pooled funds for collaborative... Read more »

Benton R Patterson III
Benton R Patterson III answered on Feb 6, 2018

An attorney would need to review all the facts to answer this question, most importantly, the LLC operating agreement. It is possible there could be joint ownership of the property by the members, if not through the LLC, then through a general partnership created by law as a result of the... Read more »

1 Answer | Asked in Estate Planning and Business Law for Oregon on
Q: Can my accountant “gift” assets from my portion of a family LLC to other members without my written consent?

My family has an LLC WHICH MY 3 sisters and I own in 4 equal shares (25% ea.) I asked to start the process of gifting it away and had agreed to, and signed documents to transfer 6%.

Up until now I was under the assumption that’s all I had agreed to. One of my Sister partners told me “... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 28, 2018

You are describing a complex situation that has written documents that need to be reviewed before anyone can answer your question. There are also potential tax issues that may require the expertise of a tax specialist. It just isn't realistic to post a couple of sentences on a website for... Read more »

1 Answer | Asked in Business Law for Oregon on
Q: Must I collect sales tax from customers if my business is registered in Nevada, but manufactures and sells from Oregon?

I have an LLC C Corporation registered in Nevada, we manufacture and sell our products out of Oregon. Must I collect sales tax from customers since our business is registered in Nevada?

Joanne Reisman
Joanne Reisman answered on Nov 29, 2017

This is a tax question, not a business law question. I suggest you hire a good CPA and ask them what tax issues you need to worry about with your current business set up. You can also ask what steps you can take to minimize your taxes.

1 Answer | Asked in Business Law and Consumer Law for Oregon on
Q: My mortgage company pulled out our payment two weeks early. Which has wiped out my bank account. What do I do?
Joanne Reisman
Joanne Reisman answered on Aug 16, 2017

Talk to your bank and do damage control. Talk to your lender and find out why they didn't what they did. I would stop autopay so this can't happen anymore if that is an option. Talk to anyone that you needed to pay and can't and explain the situation. Most creditors are nice if... Read more »

3 Answers | Asked in Business Law and Copyright for Oregon on
Q: Hobby Lobby selling my art without permission

I am a graphic artist and sell my creations on Etsy. I display them with watermarks on the images and remove them when purchase is made. I recently became aware that they are selling bottles with my images (along with the watermarks) as labels on the bottles for as long as the last 3 years. The... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 10, 2017

You do have some recourse. If you registered your images with the Copyright Office you have better options, but at the least you could send a take down letter/cease and desist letter.

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1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years. I habe learned that the new law is 18 months. If that law went into effect January 1 2016 does the contract stand or is it voided by not containing the correct requirements?

Joanne Reisman
Joanne Reisman answered on Jul 27, 2017

I don't know what new law you are talking about. Do you have a citation for it?

1 Answer | Asked in Business Law and Criminal Law for Oregon on
Q: What a public enterprises that demonstrate patterns if Rico activity?
Joanne Reisman
Joanne Reisman answered on Jun 4, 2017

This isn't a comprehensible question.

1 Answer | Asked in Real Estate Law and Business Law for Oregon on
Q: How long does a principal broker have to remove a broker from their website when they have left the company in the state

Oregon

Joanne Reisman
Joanne Reisman answered on Jun 2, 2017

I don't know but the Oregon Real Estate Licensing Board may have the answer. http://www.oregon.gov/REA/Pages/laws_rules.aspx (There is a phone number that you can use to call them on this page too. I suspect there are ethical rules that realtors and brokers must follow.)

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 16, 2017

I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but... Read more »

1 Answer | Asked in Business Law for Oregon on
Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law
Glenn B. Manishin
Glenn B. Manishin answered on Mar 22, 2017

Very unlikely. Title IX obligations apply to an educational institution or "education program or activity receiving Federal financial assistance." From your question, the booster club would not be covered because it does not receive U.S. funds.

1 Answer | Asked in Business Law for Oregon on
Q: Can common law be used to overrule federal statutes
Glenn B. Manishin
Glenn B. Manishin answered on Mar 4, 2017

No, it's the other way around. Under the U.S. Constitution's "supremacy clause," federal statutes have priority over state common law, if they are inconsistent.

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 25, 2017

I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your... Read more »

1 Answer | Asked in Business Law for Oregon on
Q: NBCC upon renewal of membership asked if I had ever been fired for cause. I answered yes and sent them all my docs.

I had been fired for a relationship with a woman in the three county managed care registry, not a client of mine as I had no clients. My contact with her had been as a crisis counselor and ER evaluator. All of this was 15 years ago, as I dropped out of the profession for all those years. NBCC is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 10, 2017

This is a really specific matter, and odds are you will not find an attorney who happens by here with the specific knowledge for your legal issue. You will probably need to seek out someone who handles board decisions (professional malpractice) for professional licenses. While not the same, but... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

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