Oregon Employment Law Questions & Answers

Q: Hi - I had a question. I was an outside sales rep. The first three months I had a base salary, then months 4, 5, and 6

1 Answer | Asked in Employment Law for Oregon on
Answered on Apr 12, 2019
Mr. Michael O. Stevens' answer
Possibly not. There are very specific rules on repayment of draws, and there may be unlawful deductions due to this that could potentially wipe out the debt, might even put some money in your pocket if done right.

Q: I was given an employee review that I disagree with. I want to know if I’m required under law to sign it.

1 Answer | Asked in Employment Law for Oregon on
Answered on Mar 19, 2019
Mr. Michael O. Stevens' answer
There is no law that requires it. However, there also is no law that requires you to show up to work on time. The point being, your employer can require it and refusal could be seen as insubordination.

Q: In Oregon, if you hire someone to cut down a very large tree in your yard and he gets hurt, can he sue you? tks Gary

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Answered on Mar 5, 2019
Mr. Michael O. Stevens' answer
Depends, are they a licensed contractor? If they are, then you should be good. If you hired someone else, well, you were not supposed to and you may be on the hook. File a claim with your homeowner's policy and see if they can sort it out.

Q: I hired someone to help with a construction job.pay was under the table. If they got hurt am I liable?

1 Answer | Asked in Employment Law for Oregon on
Answered on Feb 13, 2019
Mr. Michael O. Stevens' answer
Yes. This is one of the reasons you do not pay people under the table, as you then did not have worker's compensation coverage for this person.

Q: can i collect unpaid wages from when i was a stripper?

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 23, 2019
Mr. Michael O. Stevens' answer
You need an employment law attorney, preferably one who has handled these types of claims against strip clubs. However, keep in mind the statute of limitations has limits as to how far back you can get wages back, so act quickly.

Q: Can an Oregon employer put a pay range on a job posting they cannot pay? (ie $17 to $25/hr but they can only pay $17)

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 21, 2019
Mr. Michael O. Stevens' answer
Yes. Of course, you don't have to take the job if you were expecting more.

Q: Is it legal to have audio surveillance at a restaurant?

1 Answer | Asked in Employment Law, Communications Law and Federal Crimes for Oregon on
Answered on Jan 18, 2019
Mr. Michael O. Stevens' answer
If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.

Q: Can an employer write up an employee for complaining about hours being cut? Oregon Law please

1 Answer | Asked in Employment Law for Oregon on
Answered on Jan 3, 2019
Mr. Michael O. Stevens' answer
If this is a chain that has enough employees to qualify for Oregon's new predictive scheduling law, and they violated that, then he could get compensation for the cut hours and go after them for retaliation as a whistleblower.

Q: Is this workplace retaliation?

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 21, 2018
Mr. Michael O. Stevens' answer
But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.

If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.

Unlikely the 401(k) is going anywhere, that is a benefit, not a right.

Q: can I go after employer for back pay. I agreed to work for 6 month for 1/2 minim wage. 6 month ended and no pay increase

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 19, 2018
Mr. Michael O. Stevens' answer
Yes, you can. You can also hit them with various penalties so they will likely never do it again.

Q: Working at Oregon gas station worked 2 weeks no pay on weekly pay schedule call boss he said he fix it on Saturday

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 2, 2018
Mr. Michael O. Stevens' answer
Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.

Q: would my situation be considered workplace harassment? Thank you.

1 Answer | Asked in Employment Law for Oregon on
Answered on Dec 1, 2018
Mr. Michael O. Stevens' answer
Most likely not anything improper from a legal standpoint. Not great team building, but not illegal since nothing you say appears to make it based on a protected class.

Q: painting contractor refused to pay travel time despite 1-4 hrs of travel each day, would this be a valid claim?

1 Answer | Asked in Employment Law for Oregon on
Answered on Nov 15, 2018
Mr. Michael O. Stevens' answer
For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.

There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at least talking to an employment law attorney in your area.

Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

2 Answers | Asked in Business Law and Employment Law for Oregon on
Answered on Nov 12, 2018
Mr. Michael O. Stevens' answer
While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

Q: I was fired for not doing duties I was told I wouldn't have to do when hired and it took a week to receive my pay check

1 Answer | Asked in Employment Law for Oregon on
Answered on Oct 24, 2018
Mr. Michael O. Stevens' answer
Unfortunately, there is nothing wrong legally with the termination. This is common, but legal.

With the paycheck item, you may have something. As in, I am assuming you mean your final paycheck took a week, which since you were fired meant it was due by the end of the next business day. I would contact an employment law attorney to discuss what you can do and how much you might be able to get from your former employer.

Q: How do I sue my former employer for multiple employment issues? Including sexual harassment, verbal abuse, and pay

1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Answered on Oct 23, 2018
Mr. Michael O. Stevens' answer
Depends on how much you are talking about. If it is under $10k, you can go to small claims court. More than that, file in regular circuit court. Of course, you would be better off using an attorney, as most do these types of cases on a contingency basis, meaning you only pay them if you win.

Q: is firing for sending a personal text to a friend legal? Invasion of privacy? Nothing was posted publicly.

1 Answer | Asked in Employment Law for Oregon on
Answered on Oct 19, 2018
Mr. Michael O. Stevens' answer
Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.

Now, if you text was discussing work conditions with a co-worker, then you might have something since you are allowed to discuss conditions of employment with others.

Q: If i only work 8 hour shifts can i be forced to punch out for lunch resulting in an annual deduction of $1400 in wages?

1 Answer | Asked in Employment Law for Oregon on
Answered on Sep 4, 2018
Mr. Michael O. Stevens' answer
Your employer is forced to give you a lunch after 6 hours of work, so they have to give you this lunch. Now, if you are working through the lunch, then you have to be paid.

Q: How can I file a tort claim myself after being fired for telling employer I'm going to see a cardiologist for my heart?

1 Answer | Asked in Employment Law and Civil Rights for Oregon on
Answered on Aug 20, 2018
Jeff Merrick's answer
Your question raises several issues, including whether you have a "disability" and whether the employer had a duty to work with you to see if it could accommodate your disability.

If you want to chat, feel free to call.

Jeff Merrick

503-665-4234

https://www.oregonlitigationattorney.com

Q: I was fired for attendance but other employees have no called no-showed and show up late every single day still employed

1 Answer | Asked in Employment Law for Oregon on
Answered on Aug 20, 2018
Jeff Merrick's answer
The big question is WHY is the employer treating you differently?

If the reason is illegal, then you have a case. Illegal reasons include, race, gender, retaliation for certain activities, etc.

If you want to chat, feel free to call

Jeff Merrick

https://oregonlitigationattorney.com

503-665-4234

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