David A Schuck’s Answers

David A Schuck

Portland Employment / Labor Attorney.

Contributor Level 13
  1. Is a verbal employment contract enforceable?

    Answered over 2 years ago.

    1. David A Schuck
    2. Kevin Elliott Parks
    3. Margherita Maria Albarello
    4. Pamela Koslyn
    4 lawyer answers

    An oral contract can be enforceable. The problem is that it can also be changed by actions prospectively (for the future), but cannot be changed after you perform the work. So if they agreed to pay $10.00 per hour. You work 10 hours and are due $100. But, if the employer says, from now on, you get $9.00 per hour. If you continue working, likely, you are earning $9 per hour. However, if the employer pays $9 per hour, when you had agreed that you were getting $10, then you remain due wages....

    3 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Is it tax fraud for employer to lie about overtime

    Answered over 2 years ago.

    1. J Christopher Minor
    2. Stuart M. Address
    3. David A Schuck
    4. Robert John Murillo
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    In Oregon it is a crime, and can result in civil liability.

    4 lawyers agreed with this answer

  3. Is my LLC or I liable if my LLC made lease payments on someone else's tenant lease?

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Phillip Monroe Smith
    3. David A Schuck
    3 lawyer answers

    There may be additional issues in the LLC agreement that change the analysis for you. Often LLC agreements have language regarding who is liable. This language could alter the analysis in your case. You should get all agreement looked at together to determine the actual risk.

    4 lawyers agreed with this answer

  4. What type of attorney do I need for breach of contract with a cable company

    Answered over 2 years ago.

    1. Kevin Elliott Parks
    2. David A Schuck
    3. Brian S Wayson
    3 lawyer answers

    There is also a contract issue, in that the service provider failed to perform. So you may be able to void the contract and get damages there as well.

    4 lawyers agreed with this answer

  5. I believe I have been discriminated against for my age (60) and disability. Slander is also a concern

    Answered 4 months ago.

    1. David A Schuck
    2. Randy Jay Harvey
    3. Christine C McCall
    3 lawyer answers

    I am expecting that there are a lot more facts that are going on. You probably should try and get/keep copies of any written warnings and further document all conversations. Probably a good idea to start a log of all the actions, statements, etc. made by management and co-workers. You should also likely contact an attorney once you have gathered this information so that you can show them and explain your situation in detail.

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  6. A trucking company in Portland Oregon has a "contract" attached to there application with a statement that I feel is Illegal

    Answered 12 months ago.

    1. Kevin Elliott Parks
    2. David A Schuck
    2 lawyer answers

    Oregon is an at-will state. This means that you can be terminated with or without reason, so long as it is not a protected reason. (discrimination against race, religion, etc). This suspends future compensation, not compensation for work you already performed. If you have a problem with getting paid, look up a wage claim attorney.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My boss did not give me my last paycheck when it was due. Can I request the penalty from him with a 12 day written demand?

    Answered over 1 year ago.

    1. David A Schuck
    2. Patty Rissberger
    2 lawyer answers

    Yes. Depending upon how you request it, and what you request, you could get one day's wage for each day they are late paying your wages. You have a misunderstanding about the limitation of the penalty wages. That limitation is only if they pay all wages within 12 days. You should contact an employment attorney who handles wage claims to discuss the best way to proceed. The difference in the penlaty could be several thousand dollars depending upon multiple factors including your wage rate.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What action can I take if I am terminated?

    Answered 21 days ago.

    1. David A Schuck
    2. Sarah M Hays
    2 lawyer answers

    Try and make an appointment to speak with an attorney before your meeting in two days. This way the attorney knows what is going on from the start and can help advise you through the process. There are things you want to do and things you want to avoid to assist your claim in developing properly.

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  9. Is there any way in Oregon, to conceal that you have sued an ex-employer? Can that employer ruin your name against ex-coworkers?

    Answered 10 months ago.

    1. Brandy D Pirtle-Guiney
    2. David A Schuck
    3. V. Jonas Urba
    3 lawyer answers

    If you can prove that any employer discriminates against you for filing certain employment claims, such as wage claims, there is a suit you can file regarding that as well. Also, if your former employer is providing false information to keep you form obtaining a job, that can be actionable as well.

    3 lawyers agreed with this answer

  10. Terminated while under active fmla claim. Supervisor wrote notation that I was either "alcoholic, drug addict or bipolar".

    Answered 12 months ago.

    1. Risa M Davis
    2. David A Schuck
    3. Jay Bodzin
    3 lawyer answers

    You should contact an attorney. Likely you have a claim under the FMLA or OFLA. These are federal and state laws that restrict employers from discriminating against you because you take leave for medical reasons. Only certain employers and employees are eligible for the protection and it only protects against certain types of actions. Working at a jail likely means that your employer is required to comply, so you should discuss all the facts with an employment attorney.

    3 lawyers agreed with this answer