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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer make me work at an AFH for 7 wks/no days off and then 2wks on 2 days off for months
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 7, 2017

Not sure what an AFH is, but unless this is a union job (or you are a minor), then yes they can. This assumes they are paying you properly including any overtime.

1 Answer | Asked in Employment Law and Traffic Tickets for Oregon on
Q: can an employer (car sharing company)make the employee pay for parking tickets or any fines associated with city driving

I work for a car sharing company and the employer wants the employees to pay for parking tickets, loading zone tickets, or any city parking violations. If they think the employee is responsible. The thing is our app and software if very glitchy and a work in progress so they can't really track... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 4, 2017

Assuming we are talking about Uber or Lyft or the like, the question is still whether or not you are an employee or independent contractor. If the later, then the contractor would be. If the former, if the ticket goes to you as an employee, then the employee likely needs to since illegal acts are... View More

1 Answer | Asked in Employment Law, Family Law and Employment Discrimination for Oregon on
Q: Good cause

I was recently denied unemployment even after the hearing because I didn't show good cause why I gave two week notice. The employer didn't show up to the hearing. I gave two week notice after my employer told me I need to get a grip on life. I was assaulted and they never gave the police... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2017

This is a bit confusing, as at the end you say you were fired. Anyway, appeal the decision as outlined in your denial letter. Then be prepared to address the reasons for the denial (not just everything bad the employer did) with actual evidence. For instance, you say you were assaulted at work and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: HR told me my job was safe for 6 months. Have the recorded audio. Then they fired me after 12 weeks of FMLA. Shocked.

Had to go on leave and get temp disability because I needed surgery due to my disability. I had been calling in every 3 days until doc told me I needed surgery. Then I called HR. The head of HR told me that #1-no idea I was gone. #2- my job was safe for 6 months while I was sick and healing. I have... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 20, 2017

Not sure why this popped up for Oregon, since it says you posted from Tacoma. Anyway, find a local employment law attorney to discuss.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: If I witnessed illegal things at work and got fired right after with no reason given can I sue

I saw owners son sale drugs to a co-worker and was also told by the owner on two separate occasions to falsify ATF files for tracking gun sales.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2017

You potentially could be a whistleblower and have protection that way, more so for the ATF records.

1 Answer | Asked in Employment Law and Collections for Oregon on
Q: What is a distant warrant and writ to execute filed by Oregon employment dept. mean?

Filed because they said I was overpayed

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2017

Not sure, but it sounds like you were overpaid for unemployment, and they are attempting to recover the over payment.

1 Answer | Asked in Employment Law for Oregon on
Q: If an employer pays every year for prior year unused vacation, must they pay the prior year's on a final paycheck?

My former employer pays you for unused vacation every year for the prior year. I was employed from 2014-2017. I was paid in 2016 for vacation not taken in 2015. I quit in Jan of 2017 with three week's notice and had 40hrs unused vacation time. Are they obligated to pay me for the unused... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 31, 2017

Based just off what you wrote, hard to know. The key is not whether they pay you out from year to year, but what is their policy as to paying it out upon termination/separation? Many companies have written polices on the topic, and those are generally controlling on the topic. Now the fact that... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

1 Answer | Asked in Employment Law for Oregon on
Q: I was wanting to know about the laws concerning employment & drug tests. I am ill but can work but take oxycodone

I understand about certain jobs on site. But I wish to do retail. I need a job! A person would not be able to tell I am on my medication as all it does is kill the pain my disease causes so I can work and can have a productive life.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 29, 2016

Depending on your illness, it may qualify under ADA as needing to be accommodated. Such a reasonable accommodation could include the use of something like oxycodone.

Further, must drug tests are testing for illegal drugs. If you have a prescription then it is not illegal, but it is usually...
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3 Answers | Asked in Car Accidents, Employment Law and Workers' Compensation for Oregon on
Q: Can I claim lost wages from both workmans comp and auto insurance due to an auto accident while on the job?

I reside in Oregon and the accident happened in Oregon. Employer is not being professional about the situation and neither is their workmans comp agent. The accident occured on July 20th and I have not received payment for lost wages and my medical bills are not being paid. Driving is part of my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

The first question is, did you file for worker's compensation yet? Sounds like it, but make sure you do to ensure the WC carrier is on notice.

There is no problem with claiming the wages through your own insurance, but just know your own insurance will then seek reimbursement from your...
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1 Answer | Asked in Employment Law for Oregon on
Q: Am i legally required to sign any sort of termination paperwork? Isnt my check supposed to be ready within 72 hours?

So on August 12 I put in a three week notice to my employer stating my resignation. I ended up being fed up with the lies and behavior or my employer and sent a text telling her i quit around 4pm on saturday the 27th, two weeks of my three in my notice. She (my employer) is now telling my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 31, 2016

You are not required to sign anything as to a termination, other than if you are receiving a severance. As to when your check with all of your final pay is due, since you quit with less than 48-hours notice (the three week notice was moot when you quit earlier), your final pay is due as follows:... View More

1 Answer | Asked in Employment Law and Contracts for Oregon on
Q: Is it legal for a dog-walking company to require independent contractors to conduct unpaid, free consultation meetings?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 8, 2016

If you are in fact an independent contractor, then yes, they could do that as you are not their employee. However, you may not be an independent contractor and instead should be classified as an employee. If you were an employee, then you would have to be paid for those hours, in addition to a lot... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Is an employer obligated to notify an employee of their salary in writing? ie in writing when when being hired?

Salary = hourly pay in this case

I understand in OR an employer is not obligated to provide a job description.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 21, 2016

No, there is no law as such. Keep in mind these are just contracts, and oral contracts are enforceable. I would say there would be an exception that if the employment is for a set term that is for more than a year, then because of the statute of frauds would apply, the contract would have to be in... View More

1 Answer | Asked in Employment Law for Oregon on
Q: is an employer obligated to provide a job description?

is an employment agreement and/or written offer ever required? This is for the State of WA or OR

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

In Oregon, no.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on
Q: can my attorney have my works safety records and my specific safety complaint requested?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Potentially. Employees in Oregon have a right to their employee files (though such a file may or may not include the specific records you are looking for), and if there is a lawsuit they could be demanded in discovery.

1 Answer | Asked in Criminal Law, Libel & Slander and Employment Law for Oregon on
Q: Can a retail owner send security video of a person (not employee) to that persons employer even without a crime?

I was in a convenience store at the airport after my shift and we were swapping gossip and rumors about the store being for sale and the company I work for is interested in buying it.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2016

If they want to they could. Not sure why this is tagged with criminal law and slander, as you indicate no crime was committed and unless they alter the video the video shows what it shows so t here could be no libel/slander.

1 Answer | Asked in Employment Law for Oregon on
Q: I need to find a pro-Bono lawyer. I was discriminated at work by my employer. He told me how great i was at work prior

to finding out i had aspergers (high functioning autism). He then started treating me differently then everyone else. He had this chart with two columns a good side and bad side. He had everyone in the office participate in partisipate daily in the chart. After the 1st week ppl got tired of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

You don't need a pro bono attorney, you just need an employment law attorney to take you case on a contingency basis. That means they only collect if the win or settle the case for you. You can use the find a lawyer link above to do that.

1 Answer | Asked in Employment Law for Oregon on
Q: Took FMLA, now they want me to return to a non-equivalent job in Oregon

Starting 2/1, I took approved FMLA and will be returning 4/1. At the end of February my boss called to say that the person filling in for me would be taking the position permanently and I will be returning to her role. My position is in sales with 30% of salary from incentive and the potential... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

Generally speaking, they do not have to hold open your job, just provide you with an equivalent position. That gets fact intensive and there are no real black and white answers, as that basically gets into opinions. You might sit down with a local employment law attorney, best if they do FMLA, and... View More

1 Answer | Asked in Employment Law for Oregon on
Q: employment question

I worked for the company Capstone Logistics that's got a national lawsuit for robbing their employees, I worked for them in Miami florida and in Clackamas Oregon. capstone offers lumper services at big company warehouses like fred Meyers and winn Dixie. in Clackamas Oregon fred Meyers ended... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

It sounds like you are asking about severance pay, and that is not required. IF you are asking about the penalties for violation of the WARN Act for only giving 30 days notice, that assumes the WARN Act applies. There are exceptions, and perhaps not all of the 190 employees count as some could be... View More

1 Answer | Asked in Employment Law for Oregon on
Q: is it legal to deny paid holiday if you work full time but have missed days because of health concern and sick days?

i work full time but have missed a certin amount of days because of sick/health reasons and have had some and some not excused absences.

my employer said i cannot get my paid holidays because of this. but I have worked for the company which states that I can gain paid holidays after 6 months

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

This would be an issue of contract, as employers are not required to provide any sort of paid time off, including holidays (assuming this is not a government job). So it comes down to what exactly are the employers' policies.

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