David A Schuck’s Answers

David A Schuck

Portland Employment / Labor Attorney.

Contributor Level 13
  1. 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 11 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

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

    Answered about 1 year 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

  3. The 1st and 15th are my paydays and my employer always hand writes our checks. What if the check wont cash on my payday?

    Answered about 1 year ago.

    1. David A Schuck
    1 lawyer answer

    No it is not legal. Oregon requires the employer to pay wages on the payday it sets. The employer is allowed to pay by check so long as the check is immediately convertible to cash. Also, the employer likely has violated Oregon's minimum wage laws. Because minimum wage is due on payday, you could be entitled to one day's wage for each day the employer is late in paying your minimum wages. If your employer has agreed to pay you more than minimum wage, to avoid the minimum wage penalty,...

    3 lawyers agreed with this answer

  4. When I got my last pay check I found that my employer had cut my pay without telling me. can they cut my pay and not tell me?

    Answered about 1 year ago.

    1. David A Schuck
    1 lawyer answer

    No. Employment in Oregon is at will, which means that an employer may change your rate of pay at any time, so long as all time worked before you were informed of the change was paid at the previously agreed upon rate. This gives you the opportunity to quit before accepting the new rate of pay. If you have not been given that opportunity, you are still due the original rate of pay. Because your employment has ended, you can sue the employer for penalty wages, in addition to the actual wages...

    3 lawyers agreed with this answer

  5. I was fired for a misdemeanor theft charge from 1989 is this legal?

    Answered about 1 year ago.

    1. David A Schuck
    2. Troy Austin Pickard
    2 lawyer answers

    Did your employer pay your final wages within one business day? If not, you could be due up to 30 days of penalty wages. Penalty wages are calculated by multiplying your regular hourly rate, by 8 hours per day, for up to 30 days. As for the termination, so long as the termination was not for a protected reason, such as race, making a wage claim, etc., Oregon allows an employer to terminate an employee for no reason at all. You may also want to look into getting the old theft charge expunged....

    3 lawyers agreed with this answer

  6. I've worked full-time and on-call for 2 years. Now my employer wants to eliminate on-call pay. Do I have any rights?

    Answered about 1 year ago.

    1. David A Schuck
    2. Adam Kielich
    2 lawyer answers

    Oregon is what is referred to as an "at will" state. This means that, absent some sort of contractual agreement otherwise, an Oregon employer can change the terms of your employment at will. You have the right to accept or reject those changes. If you reject the changes, it may cost you a job, but that is your right to do so. If you do have an employment contract, those terms would likely prevail over the at will provisions. Another issue is whether you are still working "on-call"...

    3 lawyers agreed with this answer

  7. The non-compete clause in my severance agreement is rather vague

    Answered over 1 year ago.

    1. David A Schuck
    2. Frank A. Natoli
    2 lawyer answers

    These type of issues need more details regarding what you did for your previous company and what you are proposing to do with the new company. Also, there is other language in the agreement that you have not quoted that may affect the analysis. Finally, it also depends upon whether the agreement itself is enforceable. Whether the restrictions are reasonable, and whether the original employer jumped through all the correct hoops.

    3 lawyers agreed with this answer

  8. I am a self-employed pastor. The board has the authority to fire me and one member makes degrading comments to have me quit?

    Answered over 1 year ago.

    1. David A Schuck
    2. Andrea K Knight
    3. Jay Bodzin
    3 lawyer answers

    You may want to actaully speak with an attorney because: 1. You may be an employee, not a independent contractor entitling you to wages, and unemployment; 2. You may have claims against the person making the comments if they are not true. I would also assume there is a lot more to the story that may lead to other claims. You want to seek an attorney who handles both employment claims and other tort claims such as libel and slander.

    3 lawyers agreed with this answer

  9. Can my employer refuse to pay me for hour I worked if I forget to clock in?

    Answered about 2 years ago.

    1. David A Schuck
    1 lawyer answer

    An employer must pay for the hours worked. If you forget to clock in, but inform them about it, they must pay your wages. If they do not, you have a wage claim. Often there are penalties that attach to the non-payment of wages. These penalties can be as much as 30 days of wages. (at 8 hours per day). In addition, you can recover attorney fees and costs for suing the employer for the unpaid wages. You should discuss this with an attorney and track all time not paid. Be as specific as...

    3 lawyers agreed with this answer

  10. Can I amend my taxes in order to claim unemployment from a job incorrectly categorized as an independent contractor?

    Answered over 2 years ago.

    1. David A Schuck
    2. Curtis Lamar Harrington Jr
    3. J Christopher Minor
    3 lawyer answers

    Whether you were an independant contractor is a matter of law. There is a complex test for the employment department. (for wages and for taxes, etc.) Whether you fit in that defintion is something for the employment department to decide.

    2 lawyers agreed with this answer