David A Schuck’s Answers

David A Schuck

Portland Employment / Labor Attorney.

Contributor Level 13
  1. Will a future employer be able to see my criminal record on a background check if i am still completing diversion for it?

    Answered 6 months ago.

    1. Bruce Tarbox
    2. David A Schuck
    3. Yunus M. Paisner
    4. Christine C McCall
    4 lawyer answers

    If it is listed in the public record, anyone who searches those records will likely find it. So it depends upon if the case has been sealed and what types of searches the employer performs.

    2 lawyers agreed with this answer

  2. Is it legal for my employer to change my schedule and then withen a twenty four hour period to change it again even momentarily?

    Answered 7 months ago.

    1. Jay Bodzin
    2. David A Schuck
    3. Mishka L Marshall
    3 lawyer answers

    What you may not know about your wage claim, is that when your employer failed to pay your wages on payday, you likely are entitled to a penalty because the employer failed to pay minimum wages. Under federal minimum wage law, you are likely due a matching amount of wages for failing to pay on payday. Under state law (Oregon), you may be due one day's wage for each day they are late paying your wages.

    2 lawyers agreed with this answer

  3. Can I recieve social security and unemployment benefits in oregon at the same time?

    Answered 7 months ago.

    1. David A Schuck
    2. Michael T Warshaw
    3. Ashley Dawn Marks
    3 lawyer answers

    I have not researched this question, hopefully someone else has. However, you should apply and make them turn you down. Often they turn you down immediately and make you appeal for a telephone hearing. Make sure you take it at least that far.

    2 lawyers agreed with this answer

  4. I resigned from my job on Friday November 22, 2013. When should I expect a check in the mail?

    Answered 8 months ago.

    1. David A Schuck
    1 lawyer answer

    Not sure what you mean. If you quit on November 22 after providing at least 48 hours notice (business days), then your wages were due on November 22. If you did not provide notice, then your wages were due December 2. If your employer did not timely pay you, you could be due penalty wages. The wages calculate at your regular hourly rate for 8 hours per day for each day the employer is late. The maximum penalty is 30 penalty days. In addition, the employer can be required to pay your...

    2 lawyers agreed with this answer

  5. As a salaried employee with a per file bonus can employer show the bonus as commission on my paycheck?

    Answered 8 months ago.

    1. David A Schuck
    1 lawyer answer

    Possibly. Your issue is not completely fleshed out. A primary concern to the question is whether federal wage laws (FLSA) apply, or whether only Oregon wage laws apply. It is possible that your regular salary will need to be converted into an hourly rate, then your bonus may have to be added to that rate when calculating your overtime premium pay. Also, any attorney looking at this question will have to look into whether you are an exempt employee. Just guessing, but the employer when...

    2 lawyers agreed with this answer

  6. Can I receive Unemployment Insurance in Oregon if I am fired for "Performance"

    Answered 10 months ago.

    1. David A Schuck
    2. Kenneth Stephen Mitchell-Phillips
    2 lawyer answers

    It is hard to say. Often, in such situations, when the employer is contacted by the Employment Department, the employer gives a laundry list of bad actions by you that caused your termination. You become a thief, insubordinate employee, etc. Assuming they stick to the facts you described, they do not appear to rise to the level of misconduct in connection with your employment. As for your wages, when you are fired, all your wages are due within one business day. If you were not timely paid,...

    2 lawyers agreed with this answer

  7. Can a former supervisor rest on saying I wouldn't rehire her without any evidence? Can she or the agency be sued?

    Answered 10 months ago.

    1. David A Schuck
    1 lawyer answer

    I suspect there is much more to the story than is given. As I am uncertain why an employer is required to re-hire someone. If they don't meet standards set by the employer, there is no requirement that an employer re-hire. It is only if they won't re-hire someone for an inappropriate reason. For instance, does not want to work with females, or Asians, or because the employee filed a workers compensation claim, etc. There are lots of protected reasons, but beyond that, an employer is free...

    2 lawyers agreed with this answer

  8. Can a written statement from my former employer be used to impeach me at a divorce trial

    Answered 12 months ago.

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

    It depends how it is used. If they simply try and enter the written statement from the employer as evidence, you can object to the document as hearsay. Then the Court decides whether to accept the evidence and may refuse to accept the document as evidence. However, there are lots of exceptions to the hearsay rule. Depending upon the way they attempt to use the statement, the Court may allow the document to be used to impeach your credibility. (make you look less than truthful in hopes of...

    2 lawyers agreed with this answer

  9. I was fired from my job and my employer is denying my unemployment

    Answered about 1 year ago.

    1. David A Schuck
    2. Kevin Elliott Parks
    2 lawyer answers

    Some employer's contest unemployment and some do not. If the employer does not contest your benefits, likely you will get them. What often occurs is that employers do not tell you the reason you were terminated, but then contest the unemployment claiming that you were fired for misconduct in connection with your employment. If they do so, your benefits will likely be denied, and you will have to request a hearing. At which time, you will be able to put on your evidence to refute anything...

    2 lawyers agreed with this answer

  10. Can I sue my employer? (i was a contractor on w2)

    Answered about 1 year ago.

    1. David A Schuck
    2. Michelle Vlach-Ing
    2 lawyer answers

    I assume there are a lot more facts that are missing from this explanation that should remain missing until you speak with an attorney directly. Once put on a website like this, detailed information cannot be protected by the attorney client privilege. However, there is enough to note that your potential case is worth looking into. From the explanation, it is unclear wither you worked for the company that required your services, or whether you worked for a separate company that was paid by...

    2 lawyers agreed with this answer