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Oregon Employment Discrimination Questions & Answers
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 Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... 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 Discrimination for Oregon on
Q: My employer told me that I should not come to work after taking my prescirbed medication.

I told her I didnt think she could do that. I also told her that I was going to start sending out resumes. She called me into her office and presented me with my last check and told me her attorney would be contacting me with a severance package. I asked her if she was firing me and she said no,... Read more »

Jeff Merrick
Jeff Merrick answered on Jan 17, 2020

You, too, ought to get a lawyer.

Your question raises issues of whether your medical condition or any disability caused her to prevent you from going to work. Did they try to work with you about your medication.

Also, it raises the question of the real reason she wanted to get...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can an employer tell employees that they will be terminated if they are caught helping a fired co-worker with hearing

Can an employer threaten employees with termination if co-workers, as witnesses for a fired employee? In an unemployment hearing. I went to my hearing without any witnesses or evidence. I know I could have subpoenaed witnesses but I respected their fear termination. Of course, I was denied again.... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2020

It would be unlawful for them to do that, see: https://www.oregonlaws.org/ors/659A.233

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: how can i find a lawyer to talk to about defamation in workplace, discrimination and harassment occurred within 7 mos

too many to list, but pertains to inaccurate fmla hours calculated, false notations and accusatory notes, ada accommodations after fmla exhausted, discrimination, 2 month delay plus in begining interactive process, continueal repeatitive documented denial of accommodation without undue hardship and... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 12, 2019

You should consult an employment attorney related to potential violations of the Family Medical Leave Act and the Americans with Disabilities Act. Defamation claims are state-law specific, subject to limitations imposed by rights contained in the First Amendment. You should narrow your focus to... Read more »

1 Answer | Asked in Personal Injury and Employment Discrimination for Oregon on
Q: Retiring early due to a traumatic experience

Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 10, 2019

This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: I was fired by my company after 5 years with no documentation of the reason. Do I have a case?

The reason given was “lack of confidence to do my job”. I asked for supporting documents and was given none. I saved the company 500k in payroll alone by cross training in my department rather than hiring. Just before I was let go I saved the company 78k in annual paper costs by switching to... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2019

Based on what you wrote, no. Employment is at will, they can fire you for most any reason, and they do not have to give you the reason. Now, had they fired you because you were black, white, gay, straight, male, female, or similar (as in because you were one of those, not that you are one of those)... Read more »

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
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... Read more »

Mr. Michael O. Stevens
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
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
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...
Read more »

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
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
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
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... Read more »

Joanne Reisman
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... 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
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
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...
Read more »

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
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
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...
Read more »

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