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David A Schuck

David Schuck’s Answers

470 total


  • Employee privacy rights

    Is it legal for a coworker to tell other coworkers about my off work activities, whether it's a positive or negative event. Example, as a reward for my son (under 5yrs old) eating certain vegetables, he wanted to dress up as superheros when we go ...

    David’s Answer

    Counsel is correct, that it is difficult to stop people from gossiping. If the gossip is false, a claim for libel or slander likely exists. Proving how you were damaged may be difficult as you have not said that your hours or pay rate were affected by the information.

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  • My former employer withheld money from my paycheck to put into a Health Savings Account, but didn't enroll me in the program.

    I've since been laid off and am trying to get them to reimburse me the money. It's been 2.5 months and after many promises to do so, they haven't refunded me the money. What can I do?

    David’s Answer

    We would need to have more facts than you would want to put on the website, but you could have a claim for the unpaid wages, wrongful deduction claims, and claims for penalty wages. Penalty wages could equal up to 30 days of wages. Penalty wages are calculated at your regular hourly rate (or if not hourly by a calculated hourly rate) * 8 hours per day * the number of days late. (maximum of 30 days). Thus, a person making $15 per hour would have a maximum penalty of $3,600. It is definitely worth calling a wage and hour attorney to determine your likelihood of success and value of the case.

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  • I work night audit in Oregon at a hotel and my boss pays me less than minimum wage. Is this legal?

    I work graveyard in Oregon at a hotel and my boss pays me less than minimum wage. Is this legal? I do sleep during my shift, but I have to get up if someone calls or a guest needs me. I do not live on property. I have to leave on my days off, and ...

    David’s Answer

    There is more to your question that can be placed on this site, but certainly appears that you may have a minimum wage claim. In addition to the unpaid wages, you could be due a civil penalty of up to 30 days of wages, plus costs and attorney fees. Many attorneys take such cases on a contingency fee basis.

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  • Is this legal?

    I am with a company and I moved from the battery program to towing. I was told I would not get paid for my training. I expected 40 hours. I have worked 102 hours in 9 days with only one day off since starting. I have been put on the schedule twi...

    David’s Answer

    Generally, all time you work for an employer must be paid. There are exceptions for training, but require the employer show multiple things. The most common thing an employer fails is that the training occurs outside regular working hours. If you are working 102 hours in 9 days, it is highly unlikely the employer can prove this element is met. There are other elements that could be used by you to show that you were due wages for this time worked. You would be due unpaid wages, likely a minimum wage civil penalty of up to 30 days of wages.

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  • Can I still get unemployment if I give my 2 week notice?

    If I give my 2 week notice, and have every intention to stay the entire 2 weeks, and my employer decides to let me go before my 2 weeks is done. Since I cannot afford to lose even 1 day off can I get unemployment in Oregon for the time lost in bet...

    David’s Answer

    You certainly can apply. An argument exists that you were fired, but not for reasons that disqualify you from unemployment. However, I would expect that if you won the benefits, it would likely be limited to the two week period.

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  • Can my employer tell me I need to stay until she finds someone to replace me.

    If I give my 2 week resignation notice, can my employer legally tell me I need to stay until she finds someone to replace me? Whether it's within the 2 weeks or not?

    David’s Answer

    In addition to the information already provided, it may give you an ability to negotiate for something extra.

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  • My unit is closing if I was hired for day shift do they have the right to transfer me to a different shift with a unit transfer

    18 years on job transferring to a different unit do to closer of this unit they are talking of having us work a different shift even though we have senority

    David’s Answer

    Seniority is dependent upon agreement. If there is a contract or other document that requires the employer to comply with some seniority guidelines, then you may have something. Union contracts often contain such provisions. Otherwise, the employer is free to work who it wishes and at times that is convenient for it.

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  • My employer failed to correct its business strategies to the point we were shut down by cops, failed to pay us 25+ days after

    I was working at a Magazine company that was raided and shut down by the state. On the day of the shut down we were told to stay in our seats and no one could leave the premises and all breaks and lunches would be held until further notice. We wer...

    David’s Answer

    You have several issues. First, you should be paid for your time. Second, you have an argument that you were falsely imprisoned. The problem with both, it sounds like your employer is closed and the owner is likely in jail. The real issue likely is how can you get anything that you are due. One way you may consider is contacting BOLI. They may be able to cover some or all of your wages should it turn out that your employer cannot.

    Alternatively, if the company has re-opened and is continuing as a successful company, you likely have more damages, penalties, etc. for which you can sue.

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  • How do I answer if IV ever been convicted of a misdemeanor?

    I lied to a cop about if some one was in the house and I got arrested and was let go like an hour later and went to court and paid a fee

    David’s Answer

    The question is whether you have been convicted of a misdemeanor. It is unclear whether you were cited for a violation or a misdemeanor. If a violation, your answer is easy.

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  • Male RN at a corr. facility and was assaulted by inmate. Just filed WComp claim for probable PTSD. Should I get an attorney?

    County employer did not offer EAP services after assault, no debriefing, nothing. There was no previous tactical training or protective wear given to nurses. Policies not followed by deputies/administration that led to various verbal and finally m...

    David’s Answer

    A public employer may have an HR department which could help you. You can also seek an attorney to assist with the worker's compensation. It is also possible that you have already been discriminated against, or about to be, regarding the fact that you were injured. If so that is a different case from the worker's compensation. This is one of the few times you could have multiple cases regarding the same events.

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