Joel W Christiansen's Answers

If an employer's payroll check bounced are the liable to pay fee associate with overdraft

It depends. I am guessing the employee made an agreement with RapidCash allowing them to do this. The employee DOES have a cause of action against the employer. If the employer cannot pay wages, the employee can contact the Oregon Wage Security Fund through BOLI and seek payment there. I wish the employee the best of luck! Joel Christiansen Attorney at Law Portland, Oregon

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What does a person need to establish to succeed in a defamation, libel slander lawsuit

As the other attorney mentioned, the answer is yes -- she *can* sue you. The real concern is whether she will win. Truth may prove you with a defense. However, you will have the burden of proving the truth of your statements. There are many other issues to address such as 1) What kinds of statements did you make? 2) Were the statements facts or opinions? 3) Did your statements prejudice the woman in her business, trade or profession? In your case (and nearly all other legal cases), the...

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How do I go about filing a sexual harassment claim if I was employed by the agent and not the company?

There are at least two good options: (1) call an attorney in Portland, who can assess your legal rights; (2) call the Oregon Bureau of Labor and Industries. Oregon state law prohibits sexual harassment by employers with any number of employees. You may also have a retaliation claim against the company if you were advised to quit for reporting the harassment. Beware of time limitations. It is advisable that you consult an attorney immediately.

My employer wants to not pay a bonus they signed, claiming they made a mistake on the figures they provided.

It depends completely on your agreement with the employer (aka - the "bonus program"). If the bonus is based on some figure, then the actual amount of that figure will dictate the amount of the bonus under the agreement. If the amount of the difference is substantial, it could be worth your time to consult with an attorney to assess the situation. Good luck! Joel

I was paid a bonus in 4/2008. For 2009 they said I was overpaid and that I have no 2009 bonus and want me to pay back part of 08

I'm assuming from your post that you're in Oregon. Oregon Bureau of Labor and Industries chimes in with this: http://www.boli.state.or.us/BOLI/TA/T_FAQ_Overpayments.shtml My take: the employer is probably not legally allowed to do that, but the penalty is so small that in practice the employer can break the law and will likely get away with it. ORS 652.610 requires a written authorization to deduct from pay. Let's assume what you're describing is a deduction from pay (though a defense...

Housing for employment

I think you meant to ask, "is it LEGAL...?" The answer: it depends and I can't answer the question as asked. I know, I know...very lawyerly of me. Before you write me off as completely useless, take a look at ORS 653.035: "Employers may deduct from the minimum wage to be paid employees ... the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee." The key phrase here is "for the private benefit of the...

If a term contract with salary is terminated by employer due to economy does the employer owe remaining salaries?

It is impossible to answer this without knowing the details of your contract. A couple insights though. If your employer promised you continued employment for a certain period of time, that is a promise. If your employer breaks its part of the bargain, then yes, you could be entitled to damages. However, those damages are not necessarily equal to the remainder of the salary stated in the contract. You have a duty to "mitigate" your damages. In other words, you need to look for a job. If...

What action can I take against employer for not granting me medical benefits in accordance with the employment agreement

You need to have an Oregon attorney review the employment agreement and the facts surrounding your case. The information you provided is not enough to reach a conclusion. Just because you are "eligible" does not necessarily mean your company needs to proactively try to offer you the benefits. That said, your company may have an affirmative obligation, in which case they may have breached a contract and be liable for damages. Good luck, Joel Christiansen Attorney at Law Portland, Oregon

Filing sexual harassment lawsuit against Oregon employer

The bottom line is that you need to talk to an attorney. The decision whether or not to bring a claim rests on many issues that are too complex to discuss in the abstract over the internet. Good luck, Joel Christiansen CHRISTIANSEN LAW 503-928-6750

Employees rights under OR employment laws regarding reimbursement of relocation costs

This is a contractual matter. Consult your employer's written policies. If you agreed at some point to reimburse your employer, then you may be liable for the costs. Without agreement, it will be difficult for them to compel payment. If you have any further questions, you can contact me at 503-928-6750. Good Luck, Joel Christiansen Attorney at Law Portland, Oregon