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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Patents (Intellectual Property) for Oregon on
Q: What else can I do to make my deceased fathers employment office get ahold of me in order to process his last paycheck?

Hello, my father passed away last year in October and it is now February. I have called and called the agency (People Ready) my dad worked for (he worked as a carpenter through a temp agency) and I have left voicemails and even spoke to someone who said they would call me back, but no one has... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 20, 2020

You might retain an attorney to contact them. A quick letter would likely not cost much, and the estate may be able to reimburse that cost. See ORS 652.190 for who is supposed to get the check to ensure you are the correct person before demanding the check.

1 Answer | Asked in Employment Law for Oregon on
Q: Can an employee sue a business owner that isn't paying an employees wages even though said business is an LLC?

Oregon business. Owner hasn't paid wages in almost a year. I believe blatantly ignoring LLC requirements.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 18, 2020

I would recommend contacting BOLI, as they can better force an individual to pay, and if the company has no money, they can use a special fund that is for that purpose.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I have a contract for employment. with financial fees - its an at will state of Oregon. is it binding need help consult

for company and need to leave to apply elsewhere causing anxiety and distress

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 8, 2020

Usually the contracts that require repayment of relocation or sign on bonuses are valid, but any attorney would need to review the entire contract to give you a valid opinion.

1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon as a on site manager can you tell you employee that you salary compensation is $600.00 + 1321.00 = $1921.00.

And your total hours work is 131.

And your paycheck are only $600.00

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 8, 2020

Assuming the $1321 is the rent you get for free, then as a general proposition, yes, and employer can claim your compensation as the combined amounts.

1 Answer | Asked in Employment Law for Oregon on
Q: My boss added audio to security cameras in the restaraunt i work. Is it legal. Is if an invasion of privacy
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 3, 2020

Most likely not, as he likely does not have consent to record audio: https://www.oregonlaws.org/ors/165.540

1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesnt pay me?

It has been 7 days tomorrow since "payday." My boss says "he doesnt know when we will get paid."

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 24, 2020

If you don't think they have the money, and that is what it sounds like, start looking for another job. Then contact BOLI as they have a special fund to pay you.

If you think they have the money, then best contact an employment law attorney to discuss your options.

1 Answer | Asked in Employment Law for Oregon on
Q: Is being let go for not being a good fit for the company legal if you got along with all your coworkers?

I was fired on Jan,16 2020 for not being a good fit for the company even though I got along with everyone I worked with. I had been working for them since May 2019 with no issues at all no complaints. I was even sent a text and an email from my bosses on the 16th stating I was scheduled to work and... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Google "Employment At Will" and you can become educated on how employment is in most of the United States.

1 Answer | Asked in Employment Law for Oregon on
Q: Since termination paperwork is not required and I’ve been told I’m fired...

Since termination paperwork is not required and I’ve been told I’m fired but must work another month, if I leave my job now and not work that month is it considered that I quit or fired.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Quit in a general sense. Hard to say if you be eligible for unemployment benefits.

1 Answer | Asked in Employment Law for Oregon on
Q: can employer withhold termination paperwork until I’ve worked another month and a half.

I was told verbally that I was to be terminated and this was confirmed by email from HR. Further HR email says their understanding is they won’t supply termination paperwork until I’ve worked another month and a half. I’m fairly certain this is because they haven’t hired anyone to replace... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2020

Other than COBRA and benefits related documents, they do not have to provide you any sort of termination paperwork, assuming this is a private, non-union job. And any paperwork they would be required to do, such as COBRA, is at the time of your last day or later.

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 Employment Law for Oregon on
Q: So i recieved a call from my District Manager today, as i am a Store Manager at a Verizon store in Salem, Oregon.

He told me that the store i managed is closing down ( due to cost of business vs revenue brought in ) he stated it wasn't sales related it was just what traffic we had gotten. With that being said my only 2 options are to " take severance " which he stated to be " like 2 weeks pay " or to transfer... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 9, 2020

You should be eligible for unemployment benefits if you take the severance, but ultimately that is up to the employment division.

Yes, it is legal to terminate your employment in this way. This is an at-will state, meaning you or your employer can terminate the relationship at almost any...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I have not been paid for all my hours, and no longer work for that employer. What can I do?

The last day I worked was 11/18/19. I was not paid for the hours worked that day, nor for 3 hours on the 15th of Nov.

I let someone in payroll know on the 21st of Nov. there was a discrepancy with my check, and she indicated that it was right.

I then asked for copies of our login... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Typically each state has a law that requires employers to pay employees in a certain amount of time. 30 days is fairly common. If you have still not been paid, you should contact an employment attorney in Oregon to see your options for going after your unpaid wages.

1 Answer | Asked in Employment Law for Oregon on
Q: I am a salaried employee. However, on my check stub it clearly states "Basis of pay: Hourly." Am I truly salary based?

My stub clearly shows an hourly wage at 40 hours per week when I usually put in 50 or more. At the bottom of the stub it says my basis of pay is hourly. I am also required to put in a minimum of 45 "Open hours" of work, meaning business hours. So getting in before we open and staying late after we... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Whether you are paid on a salary basis depends on several factors. If you work less than 40 hours, do you they only pay you for the hours worked or do they pay you the full 40 hours? Were you told when you started that you would be salary? Do you have a written offer? What is shown on your... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: My employer messed up my paper work when I stepped down from a position and ended up terminating me instead.

Due to this, I have not been paid for the hours I have worked and its about to be payday again. I fear it hasn’t been resolved And I will go another month without pay. Can I demand to be paid immediately? I live in Portland Oregon. I am still working for the company so this wouldn’t have been... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 12, 2019

Yes, if they terminated you, your final check was due no later than the end of the next business day. Now, forcing them to pay immediately is not possible, but you can put pressure on them since they already owe you a penalty of 8 hours of pay for each day they are late, which adds up. That penalty... Read more »

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 Employment Law for Oregon on
Q: I was fired from my job, on Friday. Told my boss I would be in Monday by 5pm for my check was told not until Tuesday

She never formally fired me claimed I quit when in fact I didn't

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 29, 2019

But what is your question? If you were fired, your check was due Monday, and they have to pay a penalty wage of 8 hours a day until you are paid, up to 30 days.

1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesn't pay me my wages until 2 weeks after he fired me?

I was fired on Tuesday October 8th. My final check just came in the mail today and on it it even says October 22nd.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 24, 2019

You can go after him for a penalty wage, which is 8 hours per day at your hourly rate for each day it was late. Attorney's usually do this on a contingency, meaning you don't pay them any fees unless they get something for you. Even at $15 per hour and if it was 10 days late, translates into a... 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 day,... 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.

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