Get free answers to your Employment Law legal questions from lawyers in your area.
I am an hourly employee in a design services firm. My employer bids competitively to provide professional services for projects, which are then assigned to employees with a target number of hours required for completing it based of a calculation of project fee / employees billable rate. Can an... View More
answered on Aug 3, 2018
No, your employer owes you for this time, as any time worked needs to be paid. Now, they can discipline you for taking too long, as in put you on a performance plan or even fire you, but the time still has to be paid.
Sometimes, it is best to sit on this type of thing until you have a new... View More
Was suspended for the day and told to wait for a phone call to discuss if going to be fired no phone call its been 48 hours with no time frame of suspension explained no return to work date and no fire date how long can they legally not tell me what is going to happen to me
answered on Jul 27, 2018
Yes, they most certainly can. Employment is at will, and your recourse is to leave.
Now, if you think the suspension is due to some sort of protected activity or because you are in a protected class, then it may be wrongful.
I work for a locally owned restaurant/cafe in NE Oregon. During the day customers put tips in a jar on the counter and give debit tips, so we do tip pooling, involving everyone (front and back) working that day between 10am and 2pm, depending on how many hours you've worked you get a certain... View More
answered on Jul 25, 2018
Correct, owners and mangers are not allowed to be part of the tip pool. There appear to be substantial penalties your employer would owe you, and all the other employees.
My employer says that because I am a "casual employee" I only get overtime on a per position basis. If I worked 44 hours doing one job and another 10 hours doing a different job I am only entitled to 4 hours of 1.5 time at the first pay rate. Should I fight them on this or leave it be?
answered on Jul 4, 2018
If you work more than 40 hours for an employer (doesn't matter if it is multiple job titles) in a week, you are entitled to overtime assuming you are not salaried.
I wasnt told i was being written up till immediately after asking for form 801 for workers comp
answered on Jul 2, 2018
Technically yes, but I personally would caution against it if the employer was my client as it could be seen as retaliation/discrimination for filing the claim.
answered on Jun 30, 2018
Yes it is: https://www.oregon.gov/boli/TA/pages/t_faq_drugtesting.aspx
I'm a minor that is 13 in Oregon, I want to work at a paintball business that has offered to hire me. How should I go about this? Is it possible to apply for an exemption in child labor laws?
answered on May 19, 2018
You can't, you have to be 14: http://www.oregon.gov/BOLI/WHD/CLU/Pages/W_CLU_Taminors.aspx
There are a few exceptions, but none would apply to what you describe.
Or can one file for UI and also pursue with BOLI or EEOC?
answered on May 14, 2018
They are not connected. You can file and pursue both.
Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... View More
answered on May 11, 2018
You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.
I was suspended from work on 5/4 over the phone from my employer due to investigation. I had been out for a week on pto. I have not received any notifications from my employer about being suspended or if I’m suspended with our without pay. It has now been a week since the suspension and still... View More
my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More
answered on Apr 22, 2018
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More
This is the only time I have called out at this employer in my 4 months working there. I have the right to take sick leave because of FMLA in Oregon. My research implies that a sick note is not required until 3 consecutive callouts or suspision of abusing FMLA but this is my only time ever calling... View More
answered on Apr 14, 2018
Yes, they would have to pay for that cost:
" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626
I'm a member of a Facebook group intended to connect job seekers and job providers and some recruiters are discussing creating a blacklist and this seems illegal at worst and just a petty move at best. The statute specifically states previously discharged employees, but can this be applied to... View More
answered on Apr 5, 2018
I would say it likely does not apply to your situation.
(the grand jury service is ~10-20hrs per week for one month; anticipating ~25-35 possible work hours/week)
answered on Apr 5, 2018
I have not really dealt with this before, but based on the law concerning jury duty and employers (https://www.oregonlaws.org/ors/10.090) it would appear to be legal.
After being terminated, my wife filed a BOLI complaint against her employer concerning sex discrimination and anti-whistleblowing activities (violating professional ethical standards in journalism). The employer sent an email to all current staff saying that they are looking into how they can get... View More
answered on Apr 5, 2018
They could try, but there would be no way to do it. Potentially if your wife filed suit and lost they could try, but even then it is unlikely.
Was abused and harassed by supervisor for 6mths reported it. She assaulted me. I lost my job
answered on Mar 19, 2018
Most employment law claims have a one-year statute of limitations, so you may be too late. Further, it depends on what the harassment was about, as it has to be related to you being in a protected class.
That said, you could use the harassment against your employer to sue them for the... View More
I work part time as a yoga teacher. I (& most of the other teachers) haven't been paid since the end of December 2017. I am still employed there. Clear answers are not given when I ask when I will get a check. It's not uncommon to receive late and unfunded checks.
answered on Mar 8, 2018
This sort of depends on if you are an employee or an independent contractor. As an employee, the paycheck have to be 35 days or less apart. Their delay means you could hit them with penalties. However, it sounds like they are not financially sound if this has been a problem for some time and past... View More
I work for an in home care giving company and would like to quite now. They told me I have to give at least a two weeks notice or they will turn me in for abandonment. Can they really charge me for that or are they just trying to scare me so that I stay longer?
answered on Mar 7, 2018
Oregon is an at-will state, so people are free to quit assuming you do not have a contract for a specific term.
He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... View More
answered on Mar 6, 2018
Hard to follow exactly what happened. If he assaulted you, you can sue for battery. If you were an employee, you can sue for the back wages and a penalty wage. If you were an independent contractor, you can sue for breach of contract.
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