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David A Schuck

David Schuck’s Answers

499 total


  • Is it okay that it was made known to other employees and myself that my sift was covered and figure out I was being let go?

    So I was fired from my job just yesterday 2/8/16, but i knew Friday I was being let go because a reserve schedule was sent out to every branch that shows where every float teller would be placed and the shift they would work. I saw that and saw my...

    David’s Answer

    It depends upon the point of argument. What the information helps prove is that you were actually fired before you were. This can effect things like when your final wages are due.

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  • Should I even bother delaying the Wage/Hour claim to give then this evidence in the hopes that it will speed settlement?

    Discharged by employer while still being owed several months worth of off clock overtime. This happened on or about 11/2015. I was hourly management, and did most after hours, training, cleaning, administration, etc work off the clock. Sent empl...

    David’s Answer

    You should contact a wage and hour attorney to review your evidence. Some attorneys provide a consultation without charging you. This allows you to determine your risks and likely reward before agreeing to retain them. Often you are entitled to penalties as well as the unpaid wages. In addition, if you decide to proceed with an attorney, the law allows you to sue to recover your attorney fees and costs in addition to the unpaid wages and penalties.

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  • Will any witnesses names be revealed to management where these employees are now employees. I need a solid answer?

    According to EAB I was unlawfully terminated. I won my benefits case. In contact with BOLI civil div. and they want names of witnesses. I need to know that those who will come forth as witnesses, their names won't be revealed to the HR director wh...

    David’s Answer

    • Selected as best answer

    First, you are with BOLI. So long as your case stays there, the only ones who can give you that information is BOLI. If it were a lawsuit, the attorney would make that decision. Initially, I have found that it is sometimes possible to keep witness names out of the case. However, they are witnesses for a reason. If your case goes to trial, you will need to call witnesses to prove your side. The more individuals you have to back your story the better. I often keep out current employee witnesses because I am concerned that they will lie to protect their jobs. However, sometimes it cannot be avoided. This is especially true where you have something in writing from them that if they tried to change would be showed to be a liar. (either when they made the writing or when they were in trial). Ask BOLI since they want the witness list what they intend to do with it.

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  • Do I have a case? What can I do?

    I filed a 48hr communication form my employer had for employees and asked to speak to HR manager and president of the company of a supervisor that harrassed me intimadate me in my work area. In return I get terminated for many reasons so said my m...

    David’s Answer

    You should contact an attorney and go over the facts of your situation. You correctly did not go into too much detail from your situation, but the key is the details. Why were you having problems with your employer? What was he/she doing to things against you. What types of things were being done to you but not to other employees, etc. These are the types specific details an attorney would need to consider.

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  • Can I get my vacation time paid out that had been accrued after employer changed vacation policy?

    I put in my resignation from employer on December 28th, 2016. On December 31st, 2016 I was told that company vacation policy had changed and that any accrued time off would no longer be paid out after my departure. Are they in the right by not pa...

    David’s Answer

    Before you do anything, you should contact an Oregon wage and hour attorney because you likely have a valid wage claim. There are issues in your brief story that likely entitle you to one or more penalties in addition to your unpaid vacation. There are procedures that you should be doing to protect your rights to any penalty you may be due. In addition, you likely can recover your costs and attorney fees that you incur in obtaining your vacation wages and penalty wages. Some attorneys will allow you to discuss your case without requiring you to pay any money.

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  • Can an employer suspend an employee with out informing them?

    We live in Oregon and I have a question. Currently a union employee, have worked for the company for 15 years took a new position in a different part of the company. I have recently filed many grievances against my employer and now it seems as if ...

    David’s Answer

    Contact your union immediately. There may be contract provisions they are violating including retaliation because of your grievances.

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  • Can I do anything to stop this?

    So I worked for a contract company doing home installs on hourly/piece rate. long story short i guess if i claim $50 more in hours then what i make in piece rate then the company is paying to employ me. even though i know if i make $400 in hourly ...

    David’s Answer

    You should contact a wage and hour attorney. They can go over your facts in more detail to determine how the claim can be proven and whether you are exempt from overtime. Some wage and hour attorneys accept wage claims on a contingency fee basis, essentially being paid by the employer to win your case.

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  • Has my employer violated FLSA?

    Hello, my employer has recently threatened that if I clock in a minute late that I will be written up or fired. I have documentation of this from an email sent out to all staff, but my supervisor approached me directly and told me this. I know of ...

    David’s Answer

    The answer is not clear under the law. Rounding under the FLSA is allowed, but only if it rounds both ways, for and against the employer's interests. It also requires that the rounding equal out over time. If you clock in early (5 minutes early) for 9 weeks in a row, and they steal 5 minutes from you each time, it is not going to come even close to equaling out over time. Thus, the longer you allow the process to steal time from you, I would argue, the stronger your case.

    Employer's often argue that the time is de minimis, and should be ignored. There is guidance from the Department of Labor on de minimis, and I have argued that it does not cover this situation. However, I cannot imagine your case going forward without the Defendant making this argument.

    Further, your question has implications to Oregon law. Oregon wage laws are separate and often distinct from the FLSA and covers regular wages, in addition to overtime and minimum wage. Oregon also has not adopted the idea of de minimis.

    Given the above, you should contact an attorney specializing in wage and hour laws regarding your claim.

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  • Am I legally owed the bonus payout? If so, should I expect it promptly with final paycheck or else when?

    My employer has a quarterly profit share program. After Q3 2015 I received a letter saying that our company meet criteria for bonus payout but due to unforeseen financial constraints the bonus payment would be delayed until June 2016. I have been ...

    David’s Answer

    Based upon the facts provided, the question cannot be answered. The attorney would need to see anything regarding entitlement to the bonus to determine. If the bonus is earned and payable, it likely would need to be paid at termination. There may be strategic issues about when you raise the question with your employer, how you give your notice, etc. that the wage and hour attorney you decide to discuss this with in detail may want you to follow. For these reasons you should contact a wage attorney. Some attorneys will take wage issues on a contingency and not charge you for the consultation so that you may make an informed decision on how to proceed.

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  • What kind of attorney do I need for wage and hour claim? And then I have more questions....

    Like I'm getting $7.08 per hr for a 24 hour 15 minute shift 8 hours sleep, not always, no lunch break or 10 minute breaks at an adult foster home but I do not live there, shared position as resident care manager.

    David’s Answer

    These types of cases are very fact specific. The issues revolve around your sleep time, whether you are interrupted in your sleep time, how often you are interrupted, etc. There generally are other issues regarding the type of labor you provide and what type of location you provide them in. For instance, some are homes with 1 or 2 beds, and some are larger facilities or homes where you are assisting 5 or 10 persons per shift. To determine your likelihood of prevailing in a wage claim, these are some of the additional facts that you want to discuss with an attorney.

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