David A Schuck’s Answers

David A Schuck

Portland Employment / Labor Attorney.

Contributor Level 13
  1. I was fired for a misdemeanor theft charge from 1989 is this legal?

    Answered over 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

  2. 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 almost 2 years 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

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

    Answered about 2 years 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

  4. 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 about 2 years 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

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

    Answered over 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

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

    Answered almost 3 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

  7. What can i do? I cant afford a BIG spendy lawyer!

    Answered almost 3 years ago.

    1. David A Schuck
    2. Jay Bodzin
    2 lawyer answers

    See other answer to same question.

    3 lawyers agreed with this answer

  8. What can i do? I cant afford a BIG spendy lawyer!

    Answered almost 3 years ago.

    1. David A Schuck
    2. Marilynn Mika Spencer
    3. Kevin Elliott Parks
    3 lawyer answers

    It sounds like the draw was for $360 and you should have been credited for the $60 that you already paid in taxes. Oregon has wrongful deduction laws. In addition to damages, you can get your attorney fees paid if you prevail. Some attorneys take these cases on a contingency fee, but there is risk to your job is you sue a current employer.

    3 lawyers agreed with this answer

  9. I submitted e-mail quitting job in hostile conditions. boss came to my home later to fire me. is this legal i called police.

    Answered 5 months ago.

    1. David A Schuck
    2. Randy Jay Harvey
    2 lawyer answers

    The fact pattern is insufficient to determine whether there has been a constructive discharge or other unlawful conduct. However, it appears that your last check was not good. Employer's who provide final checks cause multiple claims including the potential for up to treble damages (3 times the amount of the check), plus penalty wages. Penalty wages are calculated by multiplying your hourly rate by 8 hours per day for the time period when the check was late. (maximum of 30 days). In...

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  10. Job offer pending background check?

    Answered almost 4 years ago.

    1. David A Schuck
    2. Charles Joseph Michael Candiano
    2 lawyer answers

    Your question is a personal choice of the employer.

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