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David A Schuck

David Schuck’s Answers

454 total


  • Can I sue the TSA for not paying me to be on call 24/7 as emergency personnel like federal nurses get?

    I have worked for the TSA for 12.5 years, and can be called back to work any hour 365 days a year as an emergency responder and they have never paid me for being on call. The federal government pays other emergency employees an hourly rate when th...

    David’s Answer

    Depending upon the type of wage claim brought, the statute of limitations in Oregon is a maximum of six years. Other claims, have shorter statutes. For example Oregon overtime is two years. The issue of whether you must be paid for time spent on-call depends upon the facts of the particular case. You should contact an attorney focusing in wage issues. They will be able to ask the right questions to walk you through whether that time must be paid as a matter of law, and what penalties may attach to the wages non-payment.

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  • I work for a giant corporation. I replaced a girl while she was on maternity leave, now they do not want to give me my job back.

    I was a very good support manager for them for three months, gave my all. Now the girl comes back and they won't give me the hours I had before I did this and took my title of lead cashier away, which I had worked for over six years to get.

    David’s Answer

    There may be more facts that get you somewhere, but from the limited statement above, I am not seeing anything that entitles you to your old position back. It may be that additional facts exist, it is certainly worth a telephone call to an attorney, or a meeting with one, to determine whether there are additional facts that would support a claim.

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  • Can a company be held to a promise made by a deceased Director?

    I work at a Community College. The Director asked me to take a 2 year temporary position as a Project Manager. I said no. He then asked me again stating that he would place me in the temp position but create a new permanent positon which he would ...

    David’s Answer

    There are multiple issues, some of which resolve around the fact that this is a public employer. As my colleague stated, probably a good one to sit down and go over all the facts.

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  • Can an employer terminate someone on medical leave?

    The employee has been suffering from migraines and was told to take a leave of absence then recently was told she was going to be terminated because she failed to do all the required documents and send them in which is false and has proof to the c...

    David’s Answer

    She should contact an attorney right away.

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  • My former employer isn't reimbursing me for expenses. Can I take them to small claims court?

    They deducted money from my paycheck for a health savings program, but neglected to sign me up for the program - so they owe me for that. And they need to reimburse me for cell phone expenses. We were allowed to submit phone expenses every month, ...

    David’s Answer

    You should contact an attorney. Depending upon the remaining facts you may have multiple wage claims. Fore example: unpaid wages, wrongful deduction, late payment of final wages. Each as its own damages and penalties which could apply. Some attorneys take these cases on a contingency fee basis being paid to win your claim. (claims also have I right to recover attorney fees).

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  • By law, does my company have to always make my payroll check cashable?

    I went to the bank and could not cash my check due to insufficient funds. I called my boss and he said to deposit the check and that the owner will clear it. I told him I wanted to cash it. He said that my only options was to deposit it and get my...

    David’s Answer

    Yes. Oregon law requires you to be paid in cash, or a negotiable instrument instantly convertible to cash without discount. If your check bounced, you have a minimum wage claim, unpaid wages claim, and a bounced check claim. If you employment has ended, you may also have late payment of final wages claims.

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  • Recived letter from old work about wanting the tablet they distributed to everyone in the company.

    They took money from our paychecks to hold as collateral. I was terminated due to my car breaking down and have no real means to drive out there to return it and get money back i was forced to give them. The letter said they would contact law enfo...

    David’s Answer

    You likely already have a wage claim for wrongful deduction and late payment of final wages. The two penalties likely will be between $2,000 and $5,000. You should contact a wage claim attorney right away because you must perform certain acts to solidify these claims.

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  • Wondering if my managers are allowed to openly discuss my planned termination, and whether or not it is retaliation?

    I have recently had to take some time off of work due to some medical issues. I have an open claim with a company named Sedgwick, in the state of Oregon, or and intermittent leave of absence. Since I have this open they cannot fire me for my abse...

    David’s Answer

    An employer can fire you, just not for taking leave. It may be that they are attempting to find other reasons to fire you because you took leave. Singling you out because you took leave is unlawful. The difficulty is in proving the relationship between your leave and your termination. Tracking all information and events is critical.

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  • I was asked not to come back into iras deli after I did not say good bye to ira on my way out is that legal

    I used to work at iras deli. For a few months. Then Sherri took me off the schedule after I said I couldn't come in and cover a shift. She never spoke to me again & neither did ira. I had to go back in and ask when I'd be back on the schedule and ...

    David’s Answer

    Also, since you were terminated, your final wages were due within one business day. If they did not pay you within one business day, then you could be due penalty wages in addition to your unpaid wages. Penalty wages are calculated by multiplying your hourly rate times 8 hour per day for each day the wages were paid late. The penalty wages cannot exceed 30 days.

    In addition, you should apply for unemployment. Often employees believe that they cannot receive unemployment benefits when they are fired. Where you were not fired for misconduct in connection with your employment, you should be able to receive employment benefits. Often you get turned down initially and must appeal and have a judge review your case. But there is no loss to you for trying and failing.

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  • What is the common time frame for filing a lawsuit in Wrongful Termination Case?

    Once a lawyer has been retained what is the common time frame? Once the lawyer is retained can he/she decide to not file a lawsuit at his/her discretion? If the lawyers decides not the file and it's take on contingency case and then decides not to...

    David’s Answer

    The statute of limitations varies by claim made. Many wrongful termination claims are one year. Some require a "right to sue" letter from the EEOC or BOLI. Then you a shorter period to file once you have the right to sue letter. Wage claims regarding your termination have 2, 3, and 6 year statutes of limitations.

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