Robert Kaine Meyer’s Answers

Robert Kaine Meyer

Portland Employment / Labor Attorney.

Contributor Level 3
  1. Is it legal to be suspended pending investigation with pay and without a written document explaining the procedure?

    Answered 10 months ago.

    1. Robert Kaine Meyer
    2. Mishka L Marshall
    2 lawyer answers

    An employer generally can suspend you with pay without violating the law as long as they are not taking this action for an illegal reason. If you have evidence that they are setting you up for termination because of your status as a national guard member or other protected classification, then it may be a different story. There are protections for members of the national guard under both Oregon and federal law. You should contact an Oregon employment lawyer for more information.

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  2. Human Resource Dept sent me wrong amount as agreed on in a sexual harassment claim and taxed the money I was suppose to receive.

    Answered 10 months ago.

    1. Alfred Fargione
    2. Patrick John Phillips
    3. Robert Kaine Meyer
    4. Christine C McCall
    5. Kevin Rindler Madison
    6. ···
    6 lawyer answers

    If it is a strong sexual harassment suit and you can get out of the agreement, then you may be able to negotiate for a higher settlement amount. An experienced Oregon employment law attorney should be able to analyze and advise you on whether the amount of the settlement originally agreed upon really is fair. An attorney could also figure out whether there is a way for you to get out of the earlier agreement. If the company violated the settlement agreement by not paying you what it was...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Can you be fired (in Oregon) after having a mental breakdown...with the reasoning of it possibly happening again?

    Answered 10 months ago.

    1. Michael J Ross
    2. Robert Kaine Meyer
    3. Jonathan R. Miller
    3 lawyer answers

    Based on the additional facts you present in your new question, your employer's action of terminating you due to a fear that you would have another mental breakdown would still potentially give rise to a disability or perceived disability discrimination claim if you were able to prove this was their reasoning. There are possible defenses an employer can assert to these types of claims, and it would require further investigation to determine if the employer has a valid legal defense for their...

    1 lawyer agreed with this answer

  4. Can you be fired for having a mental breakdown, at work, in Oregon?

    Answered 10 months ago.

    1. Robert Kaine Meyer
    2. Mishka L Marshall
    3. Golnar Sargeant
    3 lawyer answers

    Your mental health condition may be considered a disability under both Oregon law and the ADA. An employer should engage in a good faith interactive process to determine whether they can reasonably accommodate your mental health condition. If you have a disability and your employer terminated you because of your disability, you may have a claim for disability discrimination.

    1 lawyer agreed with this answer

  5. Is my current non-compete agreement void if I received the initial offer and then started seven calendar days after that date?

    Answered 10 months ago.

    1. Andrew N Harris
    2. Pearlette Vivian Toussant
    3. Darrel S Jackson
    4. Robert Kaine Meyer
    4 lawyer answers

    If the employer failed to notify you in a written employment offer at least two weeks before your start date that a non-compete agreement is required as a condition of employment, you may be able to establish that the agreement is not enforceable under ORS 653.295. I would want to evaluate the actual agreement in order to properly advise you on the risks of litigation. I would strongly encourage you to contact my office or another employment law attorney who has experience in these matters....