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Oregon Questions & Answers

1 Answer | Asked in Medical Malpractice for Oregon on

Q: Surgeon that performed surgery to repair tendon turned me away and told me to go home my finger was infected with MRSA

Peter N. Munsing answered on Sep 3, 2019

Contact a member of the Oregon Assn for Justice who handles medical negligence cases--they give free consults. A lot depends on your signs and symptoms.

1 Answer | Asked in Small Claims, Civil Rights and Sexual Harassment for Oregon on

Q: What is considered evidence for pet theft.

Someone says they walked your dog and he got away. 2 months later and still no sign of dog. Flyers posted craigslist and fb postings. Checked dog shelters.

William Jaksa answered on Sep 3, 2019

What could be considered evidence is something that depends on the circumstances. In your case, it seems that you would need something to prove that they had your dog, or control of your dog, after the time they say it ran away. Were they seen with the dog? Are they advertising a dog for sale? Is... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: I have full custody of my grandchild in NJ he went to visit his father in oregon now he will not let him come back

I have had him for 10years his father will not let him come back or talk to me what rights do I have

Joanne Reisman answered on Sep 2, 2019

If you have a court order or judgment granting you custody you can ask an Oregon Court to grant you a writ of assistance so the police in Oregon will help you get your grandchild back.

1 Answer | Asked in Child Custody for Oregon on

Q: How long does my ex have to return a child to state once status quo has been approved and served?

My ex took my child and moved to texas, she hasnt really worked in almost 2 years and lives off of anyone she can. I have filed and been granted status quo and temporary emergency custody. I will be sending it off to her county to have her served, but once she is served how long does she have to... Read more »

Joanne Reisman answered on Sep 2, 2019

There is no rule as to how long she has. She either does or doesn't return the child. If she doesn't you may have to get a lawyer in Texas to help you get what is known as a writ of assistance from the court in Texas. Once you have a writ of assistance then the police in Texas can assist you.... Read more »

1 Answer | Asked in Child Support, Gov & Administrative Law, Small Claims and White Collar Crime for Oregon on

Q: If my employer takes money out of my check for a draw and there's no signed document giving permission can I ask 4 it b

Can I make him pay it back and can I make him pay back all money taken out of my checks this way ? If so how far back can I make him pay me? He wasn't showing draws on my check stubs for two years . He was taking hours away from my pay to pay himself back. I demanded he pay my hours and show the... Read more »

William Jaksa answered on Sep 2, 2019

He could be breaking the law, BUT it sounds more like a small claims or employment matter. That being said, there are some things that you need to consider. There doesn't need to be a written and signed document for you and your employer to have an agreement, but that is always best. You could be... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Are landlords required to give 30/69day notice

I live in Oregon I’ve lived at my aunts house in a mother in law apartment attactched to the shop I’ve lived here for 2.5 years no rental agreement she texted me saying I needed to move out is she required to give me a 30/60+ day notice even without a rental agreement ? Also is her text message... Read more »

Gregory L Abbott answered on Aug 31, 2019

It depends upon how precise you are being. IF you truly mean that there is no rental agreement and you don't pay rent but are essentially a guest being asked to leave, no notice to you is required but she would need to ask the court to eject you - and that process can take several months once filed... Read more »

1 Answer | Asked in Contracts for Oregon on

Q: I purchased an occupied duplex. current rents are low. am I still obligated to SB608 even though will be a new agreement

I feel a government that sets standard for rent increases should also set minimum rents. perhaps a sq ft price for each county. Maybe they did?

Bruce Alexander Minnick answered on Aug 28, 2019

What is your legal question?

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I have been at my rental for 2 years, and I just received a notice for me to leave by November.

From what I have read it sounds like they need to give me 3 months notice, and they would have to pay me

1 months rent, since they are moving in family. Is this correct?

Gregory L Abbott answered on Aug 27, 2019

If you have been there for more than a year, a no-cause termination of tenancy notice for a month to month tenancy involving a residency on property different than the landlord's own primary residence must provide at least 90 days advanced written notice (NOT email, text message, voicemail, etc.)... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense ?

I live in a townhouse apartment with over 20 units. I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense, so I can get the chair in and out of my home?

Gregory L Abbott answered on Aug 27, 2019

You can request the modification to your home to accommodate your new needs. However you will be responsible for both the cost of building/installing the modifications and for the cost, when you vacate, of restoring the home to it's pre-modification condition.

1 Answer | Asked in Banking and Divorce for Oregon on

Q: My wife and I are getting divorced in Oregon. After separating and separate bank accounts, can my wife take my money?

We got the separate accounts and I earned the money from my job after we separated. Is she entitled to the money I earned after we separated? We're still currently married but living in different homes.

Joanne Reisman answered on Aug 26, 2019

Under Oregon Law a court can consider all property held by either or both spouses at the time the court is asked to adjudicate the divorce. Unless you had a judgment of legal separation previously rendered by a court, your voluntary separation does not divide your property such that the court... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: my landlord isn't renewing my lease in November, and the reason is that she is moving her extended family in.

Gregory L Abbott answered on Aug 26, 2019

Ok, so is there a question here?

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »

Peter N. Munsing answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?

Gregory L Abbott answered on Aug 22, 2019

I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

Gregory L Abbott answered on Aug 22, 2019

It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on

Q: I live in Oregon and am under the impression that a landlord cannot charge a monthly 'pet rent' for any animals.

I know service and esa are except from 'pet' deposits and rent.

Gregory L Abbott answered on Aug 22, 2019

No, charging pet rent for non-service and non-emotional support animals is legal in Oregon, as is charging increased or a separate pet security deposit. What is not legal is to charge a pet fee.

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 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 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 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 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

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