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Oregon Employment Discrimination Questions & Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Does my employer have the right to alter my time card simply because he disagrees what I recorded as work time.

We self record are time in 15 min increments on an honor system. The rule is to keep track of your own time since the crew all have slightly different tasks and often clock out at different times. I also keep a log book of all job duties, times, appointments, etc. Last month my boss docked my check... Read more »

Mr. Michael O. Stevens answered on Sep 4, 2019

You can, but be prepared to be fired. It would be unlawful retaliation, but the wage theft is also unlawful. My suggestion would be to find a new job first.

Also, if you do file a complaint, focus only on the hours docked. The fact that you are a foreman and there were bad bids has nothing...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

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 »

Mr. Michael O. Stevens answered on Aug 22, 2019

I don't believe there are liquidated damages for sick pay violations.

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on

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 ?

Jeff Merrick answered on Aug 22, 2019

Greetings,

I recommend you check with Oregon Bureau of Labor and Industries.

Jeff Merrick

https://oregonlitigationattorney.com

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1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on

Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... Read more »

Greg Freeze answered on Mar 5, 2019

I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.

ORS 40.225...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Can i be disciplined at work for not reporting an injury for 18 hrs because there was no sign of injury till then?

I wasnt told i was being written up till immediately after asking for form 801 for workers comp

Mr. Michael O. Stevens answered on Jul 2, 2018

Technically yes, but I personally would caution against it if the employer was my client as it could be seen as retaliation/discrimination for filing the claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: My employer has a drug testing policy stating immediately drug test for on the job injuries, is this ok?

Mr. Michael O. Stevens answered on Jun 30, 2018

Yes it is: https://www.oregon.gov/boli/TA/pages/t_faq_drugtesting.aspx

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on

Q: When filing for OR UI, does it halt/preclude my possible pursuit of a discrimination/harassment suit?

Or can one file for UI and also pursue with BOLI or EEOC?

Mr. Michael O. Stevens answered on May 14, 2018

They are not connected. You can file and pursue both.

Q: Past boss & owner sexually harassed me, complained about being on saif claim, and many other things. I have proof of all

Past boss and owner sexually harassed me for years of my employment. I didn't realize it had been happening for awhile until boss offered me sexual favors for money. I've known boss for majority of life. Boss would also complain to other employees about me not being in, while I was on restricted... Read more »

Joanne Reisman answered on May 6, 2018

If you want a lawyer you need to shop for one in the area of the problem you have and they cover. Justia is about posting short simple questions that lawyer's can answer that don't need a consultation to sort out all the details. Your problem is complex and multi faceted. So let's break it down:... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: In Oregon, can an employer sue an employee for legal fees after employee files BOLI complaint (but is not suing yet)?

After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get... Read more »

Mr. Michael O. Stevens answered on Apr 5, 2018

They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on

Q: a guy exspossed himself to me at work he was fired I was later fired

when I was fired I loved my job so much that I went and asked for my job back they said no.... later told my husband I was not rehireable and it was on my record.... so they just rehired this guy that was fired for sexual harassment they never reported it to the police and they rehired him but told... Read more »

Mr. Michael O. Stevens answered on Nov 20, 2017

The question is, why were you fired, or at least what did they tell you? Plus, why do you think you were fired?

If your termination was for something unrelated to the sexual harassment, then there maybe nothing to this. If your termination was related to the sexual harassment, then you may...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Recently my immediate boss lost his temper at work. He pushed me and used demeaning, direct and vulgarity. Can you help?

Recently at work, my boss lost his temper and pushed me and used demeaning, direct vulgar language. He is in immediate relation to the owner of this very large and well known construction company here locally. He was totally out of line and this has affected my mindset and now my employment. The... Read more »

Mr. Michael O. Stevens answered on Sep 4, 2017

It does sound like you have case, especially for the battery. Meanwhile, since that can take some time, make sure and file for unemployment if you have not already. Then find an employment law attorney, as attorneys cannot solict your business, so you have to contact them. Best of luck.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: Employer has religious beliefs question

If an employer has religious beliefs, can they force their employees not to work on Sundays. They said that if an employee works on Sundays they won't pay them for that day. Is this legal?

Mr. Michael O. Stevens answered on Aug 6, 2017

An employer can say not to work on a particular day, and if you then work on that particular day they usually do not have pay you for it as it is unauthorized. Otherwise an employee could just work whenever they wanted.

Plus, if the person worked on that day, that would also be...
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1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Oregon on

Q: Is an employer allowed to ask for full access to legal records to excuse an absence?

In Oregon if a child has a mark on their face or head from a fall, and it is reported that the child was not taken to the hospital, DHS can take the child. This happened to a friend of ours, and his employer tried to fire him for absences related to court dates for this. He tried to file under... Read more »

Joanne Reisman answered on Jul 27, 2017

I think you need to read between the lines here. What the employer wants is documentation that there is a legitimate reason for the absences for work, ie real court dates that require his presence. Juvenile court records are sealed and in some cases not even attorneys have access. So what needs... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Oregon on

Q: Discrimination?

Do I have a leg to stand on as to getting unemployment then?

The first appeal is happening next week, they denied the first request although.

This goes a little deeper , I had a procedure done( abortion) , I already can't give my daughter the attention a toddler needs due to work... Read more »

Mr. Michael O. Stevens answered on Jul 19, 2017

At the hearing, if the employer does not produce the voicemail (first to you prior to the hearing) then object that they have no evidence to support termination for cause. In general, your argument will be that even if they had cause to fire you (assuming there were no extreme circumstances), you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: I got fired for leaving a voicemail to another employee, I don't think I even left a VM. I was given no info on said VM

I feel this was illegal, misconduct is why I got denied unemployment benefits. Worked for the company a year and a half (sales) and was a top employee my whole career . I was never given any option to review said voicemail. I may have put an inappropriate word in a a VM, but never directly towards... Read more »

Mr. Michael O. Stevens answered on Jul 19, 2017

Let's start with the unemployment denial, did you appeal and have a hearing? At the hearing the employer would need to provide a copy of the voicemail if they wanted to use it to deny benefits. Otherwise, the employer would not need to provide you with a copy.

The fact is, employment in...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: is my employer allowed to not give me a copy of my contract if I ask for one?

Mr. Michael O. Stevens answered on Jun 15, 2017

You may not be able to force the issue. The law on your file is ORS 652.750, and as to which records you are entitled to, they are as follows:

... the personnel records of the employee that are used or have been used to determine the employee’s qualification for employment, promotion,...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: 60 year old woman in the Curry County Oregon area has cancer. Can her job be terminated?

The woman has completed her cancer treatment and has a clean bill of health. She works in the private industry. She has very little money. Her employer wants her to train someone to do her job. Looks like she is being fired. Who does she talk to in regards to her situation.

Mr. Michael O. Stevens answered on Jun 5, 2017

Having cancer in and of itself does not protect a job. That said, it sounds like she thinks the employer is considering or planning on discriminating based on a health condition, which may violate FMLA or ORFMLA (lots of factors as to eligibility and what not). She can find a local attorney, or... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on

Q: can I be suspended and possibly fired from my job for doing things that I was not aware of were wrong for me to do?

Today I was suspended and told to be under investigation through my job by the loss prevention manager, for doing things wrong that I was unaware of were wrong. I have only been employed with the company for a little over a month now and I am still learning what can and can't be done. Today I was... Read more »

Mr. Michael O. Stevens answered on May 18, 2017

Yes, they can do this, nothing illegal about it. In fact, if they had wanted to, they could have just fired you, as employment is at will. That means that can fire you for just about any reason, or no reason at all.

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 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 Employment Discrimination and Employment Law for Oregon on

Q: Hello, I recently faced harassment in the workplace from 2 superiors, and they humiliated me in front of other employee.

Do I have a case? The organization has already accepted responsibility for this. I would like to be compensated for being so humiliated that I can't ever go back.

Mr. Michael O. Stevens answered on Apr 28, 2017

This depends on what the humiliation is about. If it is related to you being in a protected class, then yes. For instance, if you are black and they called you say hot chocolate ala the accusation against Bill O'Reilly, that would be humilation related to your inclusion in a protected class.

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