Lawyers, Answer Questions  & Get Points Log In
Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: See below

I have a question - I put in a proper 2-week notice on May 17th with May 31st being my last day of the 2 week notice.  I understand I forfeited all but 16 hours of my vacation according to HR and company’s policy around 2 week notices.  The 31st is a holiday and our HR Generalist moved my Exit... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 27, 2021

Holiday pay is not a legally controlled item, it is only a company policy, so you would have to look at your company's policies. That said, while you may not have control over holidays, you did have control as to when to put in your notice, and Memorial Day has been scheduled on that date for... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: My employer pressured me to come back to work without Dr's clearance and now my injury has been exasperated

Last year I fractured my scapula in a non work related injury. I was on short term disability and pressured to come back without a Dr's clearance due to staff shortages. Due to lack of employees light duty is not possible and now almost a year later my shoulder still throbs and I can't... Read more »

Tim Akpinar
Tim Akpinar answered on May 25, 2021

An Oregon attorney could advise best, but your question remains open for a week. If there were attorneys involved in either the original injury claim or STD claim, they might be starting points as your first option in seeking direction. If you do not have attorneys associated with those aspects of... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Are online notarys accepted in oregon? Will the states employment dept accept it if so or do you know?

I know its a odd question. I just don't know the laws on online notarization.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: I need assistance with employee laws
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 5, 2021

Then ask a question here, or contact an employment law attorney in your area. There is a find a lawyer link above so you can search for an attorney.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Oregon on
Q: Is what my boss doing legal? Do they have to pay me for caring for two people at once?

I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Termination for not getting covid vaccine

Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Does my employer have the right to terminate me for not taking vaccine in the state of Oregon?

I was asked today if I'd be taking the covid vaccine when its available April 15th. I told him I wouldn't. He said if I dont get it,I need to look for another job. Its my understanding that Oregon allows,not only religious accommodation,but philosophical reasons as well. Im aware I can... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 29, 2021

Except under certain circumstances (that you do not mention) yes, they can require that you take the vaccine.

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: What grounds does an employer have to force you to quit while on medical leave

I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment

Carrie Dyer
Carrie Dyer answered on Jan 20, 2021

More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the... Read more »

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: I am plaintiff in civil suit, Pro Se. I need an attorney to re-write my Plea, which has been rejected by judge/technical

This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.

Virgil Royer
Virgil Royer answered on Nov 18, 2020

Just a few brief thoughts for you with regard to your question. This is a civil case. it is in state or federal court? Perjury is exclusively a criminal charge and only the District Attorney/Federal Prosecutors can make those types of charges. Being able to show, within your civil case, that... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.

If he chooses not to take the... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. Did he test positive for COVID? I would recommend reaching out to an employment law attorney in your state. There is a possible argument for retaliation under the Families First Coronavirus Response Act if he did test positive. Otherwise, more information is needed... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.

If he chooses not to take the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 31, 2020

Potentially. The pay cut might be enough to provide good cause for quitting. See this for more details: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

But it is always risky to quit.

1 Answer | Asked in Employment Law for Oregon on
Q: Gave notice of tort to the state of Oregon And now I want to move forward to a civil lawsuit -

Employment discrimination

Next steps - I’m going to file myself

What is the max amount of damages can you recover

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

File a lawsuit prior to the statute of limitations running, which is shorter due to the the tort claim aspect. If you did not go through the BOLI or EEOC process, you might consider that, and you might consider talking with an attorney as well about your case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: How do i go about on seeing if i have a good case or not?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Use the find a lawyer link above to search for an attorney in your area, then contact them. Many do a free initial consultation to see if you have a case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: What do i do to get a free lawyer to help me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Have a good case where the attorney can make money from the other side.

1 Answer | Asked in Employment Law for Oregon on
Q: I am warehouse manager at a grocery store chain in Central Oregon. I worked there for a bit under a year.

A new husband/wife management team is coming in as store managers because the current store manager is retiring. Here's the deal, they've informed us that they are requiring all employees to fill out a new application for their CURRENT job positions. They want everyone on a 90 day... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 6, 2020

If these are new owners and a new company, then you already technically lost your job. And, that is likely what happened here. If you refuse, that is insubordination, which could lead to termination, and one that would likely disqualify you from unemployment.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Quit for good cause, Discrimination and harassments. Able to receive UI?

Been employed as a hourly supervisor for just over 4 years at a local branch of a nationwide manufacturing company. My initial application was for a different position that I was turned down for. Did get hired in a entry level position, quickly advanced to supervisor. Continued to try and advance... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 6, 2020

In order to get UI benefits after quitting a job, you have to show good cause, which is a really high bar. See that section in this article: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

Based on your description above, I doubt you would be eligible. Basically it has to...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can I sue my university for cutting my hours by over 50% with not enough notice?

I signed into my job as an EECS Undergraduate Learning Assistant at Oregon State University, where there was a max of 20 hours per week upon joining the team. Now, the first day of school, the maximum hours have dropped to about 10 hours per week per student, but specifically 7 hours per week per... Read more »

Jeff Merrick
Jeff Merrick answered on Sep 28, 2020

One question will be whether you had a contract for the higher rate. Or was the 2019-20 contract separate and finished and now you have a new contract for 2020-21.

Other questions include whether you have an due process rights.

Pull together all of the "contract"...
Read more »

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

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

You may have protections: https://www.oregonlaws.org/ors/476.576

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I had to quit my job due to my boss yelling at me then physically trying to attack me.

Lucky a coworker held her back as I left through the back door. Now the company is not paying me out for vacation days i earned in the past year. My boss also didn't tell her supervisor about her trying to attack me so they are taking my quitting without 2 weeks notice as the reason for not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 14, 2020

Denial of your unemployment is up to the state, and given the facts above you should or should have appealed any denial.

As to the payout, they may or may not be required to pay you out on your vacation time. However, if you file a complaint with BOLI over the unsafe workplace, your former...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.