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Robert Kaine Meyer

Robert Meyer’s Answers

5 total

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

    I was employed for a short time at a company where I was sexually harassed by my new boss and treated very poorly by other employees after I filed the complaint. It became clear that the possibility of me returning to work there were not going to ...

    Robert’s Answer

    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 supposed to within a specific time period, it may be beneficial to speak with an attorney about possibly revoking or voiding the agreement. Depending upon what the agreement says, there may be various grounds for revoking the agreement.

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

    I had a nervous breakdown at work. I had an unreasonable fear that I was in danger and left work. I was later taken to the hospital in an ambulance. I was given about two weeks off. I was in contact with the manager about going back to work. ...

    Robert’s Answer

    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 action. So you should contact an attorney who can thoroughly evaluate your case.

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  • Is it legal to be suspended pending investigation with pay and without a written document explaining the procedure?

    I am being investigated for reprimanding an employee in my department. They say I raised my voice in which I might have after the employee became insubordinate using profanity. Nothing more was said by myself other than telling the employee to hus...

    Robert’s Answer

    • Selected as best answer

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

    I was fired because the manager thought that there was the possibility it could happen again in the future. I had never had a breakdown before. I have A.D.D. and anxiety and my doctor said that I was okay to go back to work. He told me that the...

    Robert’s Answer

    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.

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

    Currently an exempt employee in sales with small software company and being recruited by very large computer company. The products I would be responsible for would not be in direct competition, although the new company has a product that is direc...

    Robert’s Answer

    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. I charge hourly for this type of work and can give you a quote if you call my office (503) 471-2818.

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