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Oregon Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law for Oregon on
Q: If my final paycheck wasn't payed to me when the law requires it be ? Does my employer have to pay me a full days wages?

My boss suspended me indefinitely and then he kept my final paycheck because of a draw taken , I told him it was illegal and made him pay me. He was about three weeks late paying me and he changed my dependents to exempt and took 25% of my take home for himself. I have a court ordered child support... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 22, 2019

There are a lot of things going on, but yes, it sounds like he would owe you a minimum of 8 hours of pay for each day he was late. But there is the possibility he owes more, a lot more. You should contact an employment law attorney near you to discuss.

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 Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on
Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick
Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

1 Answer | Asked in Employment Law for Oregon on
Q: Can a employer garnish a employees wages without a signed document giving permission to do so?

Can an employer change an employees dependants to exempt so that he can deduct wages for a draw given with no document signed by the employee giving permission to do so?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 22, 2019

Garnishment and a draw are two different things. A garnishment is a legal process your employer cannot do without being told to do it by someone with authority, such as a court; or if it is for their own purposes of money you owe them, only after they get a judgment from a court.

A draw is...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can a civil case move forward without having the defendant served or being served?

Oregon state/Deschutes county

Consultant claims he was an employee

I am considered a consultant by the company as well (they denied I am an officer)

Case apparently filed without my being served

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 8, 2019

It con proceed for a short while, but check the court records to see if you were actually served. Just because you are not served like you see in the movies does not mean you were not served. There are many ways to serve someone.

1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on
Q: Can an employer fire you when you get hurt on the job and your claim accepted by workers comp?

My workers compensation claim was accepted and medical treatment started. My employer terminated me 3 weeks after the accident and now I am denied any monetary benefits. Should I consult a workers comp and employment attorney?

Thank you. I reside in Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 1, 2019

You should consult a worker's compensation attorney to deal with the denial. They can still terminate you, they just cannot do it because you filed a worker's comp claim. As in, they cannot retaliate against you for filing the claim. If you were drunk driving forklifts off the loading dock, they... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Today I was fired from my job. My boss said I’d be rehired if I work an unpaid internship for a month. Is this legal?
Jeff Merrick
Jeff Merrick answered on Jul 10, 2019

It's always hard to give an answer without all the circumstances.

Nevertheless, what you describe does not sound legal.

Who is the employer?

When did you start working for the employer?

What was your job?

Why did they say they fired you?

Do you...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: i was unlawfully terminated in 2010 while working at jack in the box, i was medical leave at the time

i was employed at jack in the box in 2010 and i was on medical leave, and while in the hospital, they started to go franchise and i wasnt able to be there to sign the paperwork to transfer my employment, and that was no way for me to be there, i had called multiple times, the first time they said... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 17, 2019

The statute of limitations on almost all discrimination at the moment is one year, so you are about 8 years too late.

2 Answers | Asked in Employment Law, Contracts and Business Law for Oregon on
Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still... Read more »

Daniel DiCicco
Daniel DiCicco answered on May 26, 2019

Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but...
Read more »

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1 Answer | Asked in Employment Law for Oregon on
Q: Can an employer demand from an employee who raised concerns to state authorities via a hotline, what was reported?

My daughter worked last summer in a child care and had concerns that she raised to DHS via a hotline. At least one more employee did the same. There was an investigation and subsequently the center’s license renewal was denied. My daughter is no longer working there (she wasn’t fired but left... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 15, 2019

She has no obligation to ever talk to a prior employer about anything.

1 Answer | Asked in Employment Law for Oregon on
Q: You will also receive Company’s standard employee benefits package(including health insurance), and will be subject to

To Company’s vacation policy as such package and policy are in effect from time to time.

Not sure what to do.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 8, 2019

You can always send a demand letter to them, or talk to an attorney about sending one.

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I was Fired for not doing my job when I got hired I sign to do something else. Can I collect my vacation time wages

I did received my last check but no vacation time.. It's that normal..

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 8, 2019

Whether or not you are entitled to them depends on if the employer had a policy to pay them, or if in practice they paid them out.

1 Answer | Asked in Employment Law for Oregon on
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

Were draws against commission. Nowhere in the signed job offer did it stipulate that I have to repay the draws after terminating my employment. Do I have to repay the draws? I had taxes deducted from the draws.

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

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.

1 Answer | Asked in Employment Law for Oregon on
Q: I was given an employee review that I disagree with. I want to know if I’m required under law to sign it.

I live in Oregon. If I am required where is the statute?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 19, 2019

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.

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
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
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 5, 2019

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.

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