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Shawna Rene Meyer

Shawna Meyer’s Answers

10 total

  • Reagrding unemployment appeal and doctored documents...

    I initially won my case for unemployment, however, the corporation filed for it to be heard at appeals. I called the State unemployment immediately. I have now received documents that the corporate attorney gave to the employment dept. However, ev...

    Shawna’s Answer

    If you benefits were denied and you want to receive your unemployment benefits, you must request the appeal hearing or show up (via telephone) if the employer requested the hearing, or you will lose by default. There seems to be several issues in this scenario, so I would advise you to consult with an attorney. You may also refer to the Oregon State Bar's program Legal Links (which airs on PBS but you can also find it on line). The guests on this show, myself and a representative from the Employment Department, answer many questions regarding how to get or be denied unemployment benefits. Make sure you do not miss the deadline for the appeal.

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  • If I win a case in a small claims court, what happens to the defendant if they don't pay what is owed to me?

    I live in the state of Oregon. Money in this case for damages in $4000-$5000 range. What would the court do if they do not pay up what is owed to me?

    Shawna’s Answer

    In addition to the good advice from attorney Reisman, if you know where they bank or work, you can get a garnishment issues. You can either get one from the court clerk (after you do the paperwork, they sign it) or have an attorney do it for you. This can be tricky so I advise you have an attorney do it for you. If they do not have a job or money, then it is much harder. But your judgment is good for 10 years, at which time you can apply to the court to have it renewed for another 10 years.

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  • Can my ex wife cancel her request for child support arrearage?

    My ex wife filed for arrearage. I disputed and now we have a hearing set. She for whatever reason decided now that She doesn't want to make me pay for something I didn't owe in the first place and want to withdraw her claim, but doesn't know what ...

    Shawna’s Answer

    She would need to sign a Satisfaction of Judgment and submit it with the court. An attonrey should draft this document for you.

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  • How can I get my paycheck from a company

    Hello, I was issued a pay check from a LLC construction company in GA, where I traveled from home in OHIO to the job in Indiana. The wife lost the check and the company refuses to issue a second check or even help me out, claiming past problems is...

    Shawna’s Answer

    It could be as simple as having a stop payment on the first check sent (perhaps you offer to pay this small fee since you lost your check). It seems their fear is issuing two checks to you and having them both post, not that they did not pay you on time under the law. Getting an attorney to draft them a letter and reassure them with a written agreement will do the trick.
    It does seem odd that they will not give you the address. Look it up on the Secretary of State website.

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  • Do i do Do I have a lawsuit if i got fired for working some place else and i didn't tell them?

    I work at a hair salon and was the assistant manager. I stepped down last week and told them that I wanted Saturdays off. I worked at another salon on Tuesday, which is my day off. when I walked in to work today the Manager told me to pack up my s...

    Shawna’s Answer

    If your state is an "At Will" state (which most are), then your employer does not have to have any reason at all to let you go. The termination becomes wrongful however, if the reason the employer terminates you is discriminatory under a legally protected class.

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  • Hello - I received a summons to appear at court from a collections agency. We have since come to a payment arrangement however

    They say they cannot provide me with documentation but their lawyer will be aware. They also state that I don't have to show up for court. Something does not seem correct about that. Would I just show up and say I have made payment arrangements?...

    Shawna’s Answer

    If they are represented by an attorney, then you should be dealing with their attorney, unless you too are represented. You should get the agreement drafted and signed by both parties, along with a covenant and/or stipulated judgment. Their attorney should draft these. If you do not have these, then I would make sure that you arrive in court at the appointed time to ensure that they do not try to get a default judgment against you.

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  • Can an employer dictate to its employees when they are allowed to use their vacation days?

    For example, they want the secretaries to take their vacation when their bosses take their vacation. For example, I work for Tom and he is taking two weeks vacation the first week of May, I will be required to take my vacation the first week of M...

    Shawna’s Answer

    Yes they can. Otherwise the employer could be left with all the employees taking vacation at the same time, or perhaps during the busiest time of the year. Unless you are the only employee who is being told when you can take these hours, and you believe this is because your employer is discriminating based on a legally protected reason, than your employer does have a right to approve when you take your vacation time.

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  • My employer would like all employees to clock out when they leave the grounds whether lunch or a company errand. Is this legal?

    Employer in CA. He states it's for protection in case the employee gets in an accident while out of the office...

    Shawna’s Answer

    It is legal as long as you are not being required to do work for your employer. If that is the case, then you should be getting paid for this time. Even if it is preparation work or getting supplies, unless you are an exempt employee. The reason he give raised a question however. Are you driving a company vehicle? That could possible change the situation. You should consult with an attorney that can ask you for more detail, particularly on that is licensed in California.

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  • Bullied at work by the manager, and she has support from the boss

    she is after me every day,basically killing me slowly

    Shawna’s Answer

    Is the bullying you describe because of a reasons that are legally protected? If so, have you reported it to someone above her boss? Much more detail is needed to give you full advise. You should schedule a consult with an attorney who can ask you detailed questions and find out what can be done to help you, if anything.

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  • I have a contract with 18 months remaining and was terminated with "cause" yet the unemployment office found I was let go withou

    I have a contract with 18 months remaining and was terminated with "cause" yet the unemployment office found I was let go without cause. I moved across country for this job and have two infant children. I am told that as I am a white male I ca...

    Shawna’s Answer

    While the determination made by the Employment department may be that you were let go without cause, therefore allowing your benefits, that does not mean that there was not a violation of the contract. The standard under the OAR and ORS that allow for unemployment benefits are not always, although can be, the same for a wrongful termination action. If your employer breached the contract, and terminated you in violation of the contract, your claim would be for Breach of Employment Contract. Unless the contract states that your employment is not for a set term, but that employment is "at will", you may have a breach of contract claim, as long as you did not violate one of the reasons that your employer list would be 'For Cause'. However, if your violated the contract, but it was for a matter that the Statutes do not consider "misconduct" for unemployment reason, you would receive your benefits but that does not necessarily give rise to a viable legal action.

    You can be a white male and be "wrongfully terminated" if the reason was in violation of another legally protected class, ie. you had to take off work because your infant was sick or because you requested a reasonable accommodation for a disability, etc.

    You should schedule a consult with an attorney who can ask you more details and review your contract in order to get the best advice.

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