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David A Schuck

David Schuck’s Answers

498 total


  • Suspension without pay for the duration of interactive process, is that breech of good faith? What can I do to get reinstated?

    Employer is making me stay on suspension while gathering medical information for interactive process. It will be five weeks on Friday 10/23/15. Is this legal for them to do? Should I be filing unemployment? They are stressing in letters that they ...

    David’s Answer

    You should contact an attorney directly. It appears that you are asserting an ADA issue, and that you and the employer are working on an accommodation. An attorney is not going to be comfortable giving that type of specific advice on this site, and further, given the limited facts, such advice would be of very limited value. It sounds like there is a lot more for the attorney you choose to consider when giving their advice.

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  • Washington state. a worker is suspended pending an investigation into creating a hostile work environment. What are his rights?

    I have been accused of creating a hostile work environment. I was working in a remote camp and was told to pack up and leave. There was no explanation as to what I had done, who was accusing me or anything. What are my rights?

    David’s Answer

    You have the right to be paid all your wages within one business day. Otherwise you could be earning 8 hours of pay for each day they are late.

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  • What can I do to get my former employer to give me my personal property?

    I'm no longer employed with a state agency. I wasnt allowed to get my property from my locker. Ive emailed the HR department twice and called them multiple times to get my property. I havent received a response. I have no idea what to do to get it...

    David’s Answer

    Normally, you would send a letter to the employer demanding return of your property and threatening to retain counsel to bring a case for conversion of your personal property. Because it is a public agency, the letter must satisfy legal requirements under the state's tort claims notice laws. Essentially a background requirement to bringing a lawsuit against the state. So you have multiple layers that must be satisfied to get a single notice out. More likely than not, once faced with the letter the state will provide your personal belongings.

    Alternatively, there may be someone in the chain of command in your former department that could help you recover your stuff.

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  • How do I go about getting paid paychecks that are owed to me?

    I am a subcontractor who worked for a company doing directv installations. I quit after about 5 months because I never got paid on time, and getting paid was always a hassle. I did nothing but great work for this Co. Everything they asked of me, ...

    David’s Answer

    Call a wage and hour attorney. You may be an employee and thus entitled to penalties and attorney fees.

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  • Can you receive unemployment benefits in Oregon if you are fired for attendance?

    I suffer from anxiety and depression since my dad died. A couple weeks ago my boss sat me down and said my job performance wasn't up to par since then but he knows I'm a good worker and wanted me to stay. Recently I went through more tragic events...

    David’s Answer

    You will likely be turned down initially. You will have a short period of time to appeal. Once you appeal you will get telephone hearing. You should probably speak with an attorney that focuses on these claims. They will help you request unemployment in a way that will not hurt you at the hearing and then represent you at the hearing.

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  • I recently quit my job due to the fact that I was being sexually harrased at work. Now I am out of a job, and the

    Now I am out of a job, and the perp is still working, Is there anything I can do legally?

    David’s Answer

    You should speak with an attorney directly. Whether you were forced to quit to avoid the sexual harassment is a complex determination very dependent upon the facts of your situation.

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  • Existing customer base.

    I have recently moved to a new company as a 1099 employee, I am bringing an existing customer base with me and 1 month in the new company wants me to sign a contract that states that all of the customers will belong to them and that I agree to a 2...

    David’s Answer

    There are limitations when an employer can have a non-compete agreement with its employees in Oregon. However, it is unclear what you mean by a 1099 employee. A 1099 is for an independent contractor, not an employee. So it is hard to determine what advice to give. You may want to talk with an employment lawyer to determine how to proceed. The advice will differ depending upon additional facts, and whether that attorney believes you to be an employee or an independent contractor.

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  • Can I be terminated for having a medical disability?

    I was hired knowing I had crohns disease. After a few shifts at the place I got sick one morning and went to the er. Upon returning to work I brought doctor release forms per my employer and they determined they could not accommodate my illness an...

    David’s Answer

    You should seek a lawyer to review all the facts. There are issues regarding the hiring process and the termination that could come into play. A more thorough look by an employment lawyer is warranted.

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  • Should I cash a final paycheck even if it was for the wrong amount and I am still owed money?

    A former employer held my final pay for days and then changed my exemptions in order to take out more taxes to retaliate. If I cash the check, does it mean I agree and accept the final pay?

    David’s Answer

    It depends. You should speak with an attorney. Depending upon enclosed letters, notes, or other information, there may be a reason that you should not cash. However, it may also be that it is ok to cash the check. So without all the information, you should only get "possibly" answers. Some attorneys offer free consultations and take wage and hour cases on a contingency fees, being paid by your employer to win your wage claim.

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  • What kind of Lawyer would I contact if my Employer is calling me names and threatening me to break the law or I'll be fired?

    Boss called me F******Pu***, also threatened me to drive school buses that were not safe and did not meet code. Also made it clear that I was not to call DHS as a Mandatory Reporter because my route transported her neighbors and it would embarrass...

    David’s Answer

    Call an attorney. You will be able to give more details and they will be able to help you with organizing and documenting the actions to protect you.

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