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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Public Benefits and Social Security for Oregon on
Q: I am trying to get my union retirement. They're say they need my SS earnings from when I stopped working for them

I stopped working for them in 2009, they want the SS earnings from then until I retired from the non union, non electrical job I had until March 1st 2024. Can they legally make me give that to them? I thought that was private information and it does not have anything to do with my union work our my... View More

James L. Arrasmith
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answered on Mar 24, 2024

In your situation, it's understandable why you might be concerned about the request for your Social Security earnings information. While your Social Security earnings history is generally private, there are certain circumstances where it can be requested by third parties, such as for verifying... View More

1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon, if law enforcement asks for employee contact information, are we allowed to provide it?

Trying to see if there are laws against providing this information without a subpeona.

T. Augustus Claus
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answered on Dec 4, 2023

In Oregon, employers are generally not required to provide employee contact information to law enforcement without a subpoena. However, there are some exceptions to this rule.

If an employee is suspected of committing a crime, law enforcement may be able to obtain their contact information...
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1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer tell other employees that I failed a drug test?
Maurice Mandel II
Maurice Mandel II
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

2 Answers | Asked in Employment Law and Admiralty / Maritime for Oregon on
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

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?

James L. Arrasmith
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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...
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2 Answers | Asked in Employment Law and Admiralty / Maritime for Oregon on
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

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?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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

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2 Answers | Asked in Employment Law for Oregon on
Q: My job says they require me to come in an hour early before my shift. But I'm not being paid for that time.

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?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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)....
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2 Answers | Asked in Employment Law for Oregon on
Q: My job says they require me to come in an hour early before my shift. But I'm not being paid for that time.

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?

Spencer  Aldrich
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Spencer Aldrich
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

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1 Answer | Asked in Products Liability and Employment Law for Oregon on
Q: I am a fleet manager for a rental car company. What is the liability for patching gas tanks and renting cars out?

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

Jina Ly Clark
Jina Ly Clark
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

1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon, is calling out sick protected even if it is not FMLA?

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.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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.

1 Answer | Asked in Employment Law and Civil Litigation for Oregon on
Q: I gave and fulfilled 2 weeks prior to leaving my job. Final paycheck wasn't ready until 4 days later, Is this legal?

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

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

Eva Zelson
Eva Zelson
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

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1 Answer | Asked in Contracts, Employment Law and Mergers & Acquisitions for Oregon on
Q: Corporate acquisitions - Is the acquirer bound to uphold hiring contracts established by the acquiree?

Oct 2022, as part of accepting a job with Company A, I signed a job offer that dictated annual salary of $128k and a bonus of 5-10% dependent on performance. May 2023, Company A was acquired by Company B. Oct 2023, annual review went very well, but I was informed by my direct manager that Company B... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

In a corporate acquisition, the acquirer typically conducts due dilligence to review the existing employment contracts of the acquiree. The approach depends on the type of acquisition. In an asset purchase, the acquirer can select which contracts to assume, including their terms. Conversely, in a... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can you get terminated for referring to your company as "woke" when talking to a coworker? I am not an at will employee.

In a conversation on March 23, 2023 with two coworkers, you referred to the Company as a "woke company" because the Company promoted black-owned businesses, hired black people, and celebrated Black History Month.

I consistently reject any claim that I have employed the term... View More

TeAnna Rice
TeAnna Rice
answered on Dec 2, 2023

If you're not an at-will employee in the State of Oregon, then you must be part of a union. Contact your union representative about what has occurred.

1 Answer | Asked in Employment Law for Oregon on
Q: Is a salaried physical therapist in the state of OR entitled to overtime pay for non typical work done on off days?

Specifically if they are asked to make and deliver a presentation and attend an event for numerous hours on their day off after already working a full 40 hour work week.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 9, 2023

As with many things in the law, it depends. The issue is not salary, but whether or not they are exempt or not from overtime. See this for details:

https://www.oregon.gov/boli/employers/pages/salaried-exempt-employees.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: Can I legally force my former employer to mail my final paycheck to me?

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.

T. Augustus Claus
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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.

1 Answer | Asked in Employment Law for Oregon on
Q: hi, can you file a lawsuit against employer for intentionally putting employee's health a risk?

for violating state and federal mask mandates.

TeAnna Rice
TeAnna Rice
answered on Jun 29, 2023

File a complaint with OSHA.

1 Answer | Asked in Employment Law for Oregon on
Q: Walmart told us if donate we do not have to follow the dress code.Those that cannot donate have to follow the dress code

Can they do that and enforce that? It seems like a form of discrimination.

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Employment Law for Oregon on
Q: I gave two weeks notice but my work wants me to officially resign today and not work. Do I have to resign "officially"?

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?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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.

1 Answer | Asked in Employment Law for Oregon on
Q: Is a text message considered written notice in Oregon if the recipient acknowledged and responded to the message?

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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.

2 Answers | Asked in Employment Law for Oregon on
Q: If you quit without notice in Oregon are they required to pay your acquired vacation time?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
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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