answered on Jun 9, 2023
it would appear at first blush that this is an invasion of your right of privacy, public disclosure of private facts. It isn't slander if truth is a defense. If this was part of a medical procedure the employer required, this could also be a violation of HIPPA - confidentiality of medical... View More 
A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?
answered on Feb 25, 2023
Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they... View More
A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?
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answered on Mar 5, 2023
If you were given a raise by your employer and it was subsequently taken away without notice, this may constitute a breach of contract or a violation of employment laws, depending on the specific terms of your employment agreement and the applicable regulations in your jurisdiction.
In most... View More
My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?
answered on Dec 27, 2022
If they require you to be there, then at a minimum they owe you for waiting time:
https://www.oregon.gov/boli/workers/Pages/paid-time.aspx
If you are actually working, then they owe you for just regular hours (and potentially OT if it makes you go over 40 hours in a week).... View More
My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?
answered on Dec 27, 2022
Your question is more related to employment law and wage/hour than it is WC, but it doesn't pass my (WC lawyer) smell-test. You should be paid for the time you work. That's it. My recollection is that there's some flexibility...like, come in early and leave early or work extra today... View More
I cannot find any reputable shop to perform this job.
The gas tank is plastic and not metal.
I have expressed my concerns and have been overruled by management and instructed to proceed.
We have found a non-certified individual to work as a 1099 to perform the repairs... View More
answered on Dec 4, 2022
I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... View More
I called in sick unconsecutively to care for my ill child, 4 times in a 3 month period. I have been employed for over 5 years with them. I am being placed on probation due to my attendance. My employer is private and has over 350 employees.
answered on Nov 23, 2022
It can be proteceted under Oregon's Sick Leave law, which covers care for a sick child. However, whether they violated the law depends on if you still had sick leave available and if you followed their reporting rules.
The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... View More
answered on Nov 13, 2022
Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... View More
My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... View More
answered on Nov 10, 2022
It is always good advice to have an employment law attorney review any agreement with your employer before signing it. As you suggested, the attorney can offer an assessment on the agreement and if what they’re offering you is fair, and perhaps negotiate more favorable terms on your behalf. It is... View More
answered on Aug 7, 2022
Pay out on PTO/vacation time is a contractual matter. If your former employer has a policy or practice in which they pay it out, then they have to, but that is also subject to their policies. As in, some employers may not pay it out without say 2 weeks notice, if one is fired, or some times only... View More
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answered on Aug 10, 2022
Payout of vacation time will be dictated by your employment agreement and the company policies regarding that payment. If the company has a pto benefit and you have accrued PTO that has gone unused, you should be entitled to that unused time as pay. Most employment contracts are at-will contracts... View More
i want to know what my rights are, and if irs can come after me for not paying income tax?
answered on May 13, 2022
Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... View More
I don't know if it is legal in Oregon for employers to require picking up last checks in-person and change the location of pickup without notifying me.
I was specifically told it was in one location and when I went to retrieve my check I was told it was in a different location.
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answered on Aug 2, 2023
In Oregon, employers are required to pay employees their final paycheck on or before the next regular payday after the termination of employment. If your employer fails to provide your final paycheck on time, you may have legal recourse to recover the wages owed to you.
for violating state and federal mask mandates.
Can they do that and enforce that? It seems like a form of discrimination.
answered on Jun 16, 2023
It may be "discrimination" in a sense, but it doesn't sound like unlawful discrimination.
Discrimination is unlawful in employment if it is based on race, color, nationality, ethnicity, sex, religion, disability, age or pregnancy, and in some states gender identity, sexual orientation, or caste.
They do not want me to work the next two weeks. I gave them my (verbal) two week's notice but now they want paperwork with my "last day" moved up to tomorrow. Do I have any standing to be paid those two weeks?
answered on Mar 15, 2023
No, you do not have to. Of course they could then fire you, but so what if you already gave notice.
Didnt get paid 1/20/23. I've had several conversations via text with my boss (owner of company) about it.
He randomly fires me on 1/23/23 via text. I've text him several times about him still owing me money. He refuses to respond. I know he is still using same phone because my... View More
answered on Jan 25, 2023
Yes, a text message works for the written notice required in a final paycheck. Just make sure your text has the content required.
Is my boss required to pay extra on holidays if I work those days are they time and a half off
answered on Jul 2, 2022
No, unless you have a contract that says otherwise, such as in a union. Most employers do this, but that is to entice people to work holidays.
My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... View More
answered on Jul 1, 2022
Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.
The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?
answered on Jun 9, 2022
Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.
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