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David A Schuck

David Schuck’s Answers

470 total


  • Should I cash a final paycheck even if it was for the wrong amount and I am still owed money?

    A former employer held my final pay for days and then changed my exemptions in order to take out more taxes to retaliate. If I cash the check, does it mean I agree and accept the final pay?

    David’s Answer

    It depends. You should speak with an attorney. Depending upon enclosed letters, notes, or other information, there may be a reason that you should not cash. However, it may also be that it is ok to cash the check. So without all the information, you should only get "possibly" answers. Some attorneys offer free consultations and take wage and hour cases on a contingency fees, being paid by your employer to win your wage claim.

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  • What kind of Lawyer would I contact if my Employer is calling me names and threatening me to break the law or I'll be fired?

    Boss called me F******Pu***, also threatened me to drive school buses that were not safe and did not meet code. Also made it clear that I was not to call DHS as a Mandatory Reporter because my route transported her neighbors and it would embarrass...

    David’s Answer

    Call an attorney. You will be able to give more details and they will be able to help you with organizing and documenting the actions to protect you.

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  • Who do we complain to?

    My wife just started a new job at a hotel in Portland Oregon. She has full time, but is denied a meal period. Her managers answer is the the customers come first. So she is made to snack, while working. I'm pretty sure this is illegal in Oregon. W...

    David’s Answer

    An employer is required to provide a minimum of 30 minutes, uninterrupted time, in order to take a lunch. Many employers fail to do this. Like my colleague stated, you could complaint to BOLI. In addition, if your lunch was interrupted, and they deducted 30 minutes anyway, you could have a wage claim. The wage claim could include a penalty of up to 30 day's wages.

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  • Are you required to pay back a shortage on your till?

    I work at a gas station, my first day i was short by about $70 dollars they told me i had to pay some of it back so i used my own money and put $60 in the safe under my name well just this last friday i was short $40 dollars. If i talk to my manag...

    David’s Answer

    This has been a problem for countless years with gas stations. All kinds of cases regarding deducting gas over pumps, etc. Since employers lost these cases, they are now trying, under threat of termination, to make employees pay back these type of normal business losses. Before doing anything, you should contact a wage and hour attorney for assistance. They can advise you how to track the transaction (as they are likely going to lie to the Court regarding what occurred). Some attorneys will provide you a free consultation on wage and hour cases. In addition to your claim, you could be due additional penalties. Many of Oregon's penalties can be as much as 30 day's of wages. At $10 per hour, these penalties could equal $2,400. In addition, you likely can make the employer pay your attorney fees.

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  • What course of action to take when employer violates state law regarding final pay?

    According to Oregon.gov when an employee provides a minimum of 48 hours notice before quitting, the employer must pay them on their last day. It has now been a week since then and final pay has not been released. I have tried contacting HR multipl...

    David’s Answer

    Call an attorney. Some attorneys will provide a free consultation and take such cases on a contingency fee basis, essentially being paid by your ex-employer to win your wage case. In addition to the unpaid wages, you could recover penalty wages. Penalty wages are calculated on the basis of 8 hours per day of wages for each day the employer is late. Thus, if the employer is 30 days late, (the maximum penalty) and you made $15 per hour, your penalty could be $3,600.

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  • My boyfriend left his last job because his boss (the owner of the company) did not pay him wages and harassed/ discriminated.

    We are seeking to sue for unpaid wages. His boss accused him of stealing from him because he is undocumented, the boss also harassed him saying, "I better not see you in the streets." The boss owes almost 1,900 for two weeks of wages. The boss sp...

    David’s Answer

    Under Oregon law, when an employer fails to pay all wages at termination (whether quit or fired), the employer may be liable for penalty wages in addition to the unpaid wages. Penalty wages are calculated at the hourly rate of pay for 8 hours per day, until paid. The maximum is 30 days of wages. So for an employee earning $10.00 per hour, the penalty wages would maximize at $2,400. ($10 * 8 * 30 ).

    The citizenship status of your boyfriend is irrelevant to the wage case. However, there are some issues that relate to that subject that he should discuss with the attorney.

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  • When terminated from employment and you have p.t.o, owed to you, is it required the employer pay this out upon termination?

    I had 80 hours of paid time off still owed to me on date I was terminated.

    David’s Answer

    It depends upon the contract and how the PTO is accrued. It is possible that you could be due the PTO and it is possible that you may not be. To properly answer the question, we would need to see your policy for PTO.

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  • Is my employer illegally not paying me for a work trip?

    Hello! When I was promoted to manager, my employers said that I would be going on a trip with them to a work convention this Summer. Now that everything is booked, they stated that it is unpaid (they are now wording it as a "fun and educational"...

    David’s Answer

    Probably not. However, more information would be needed to analyze the issue fully. There is a test in Oregon that an employer must meet for the time to be unpaid. Most likely, the convention, whether training (educational) or not, must be paid. The fact that they are not paying for it may bring up several claims for penalties besides the actual unpaid labor. For example, because you are being paid $0.00 for the hours you work, there is a potential minimum wage claim. If you are exempt from overtime, they could lose that exemption for that period of time. Until all the facts are known, it is impossible to guess at all the claims you could have or define a best course of action for you.

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  • My boss requires that I take a longer lunch so that I can stay later. So that she doesn't have to pay overtime. I'm in oregon.

    My contract is for 34 hours a week. If I am to go over that, my boss makes me take a longer lunch. And stay late. is that legal?

    David’s Answer

    Certainly good advice to have someone look over the whole issue. If they are playing games with one thing, likely, doing so in other areas to. A lunch must be at least 30 minutes long and further must be uninterrupted. The problems that are most common to lunches is that the lunches are interrupted with work issues. If that happens, the lunch is likely over even if you remain at the table eating.

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  • Can my employer cancel my insurance from on the job injury?

    Employer cancelled my insurance with no written notice of any kind. I was out from May 7-July 14. Went back to work July 15. They cancelled it the same day retro to May 31. They took money out then sent it back to me once insurance was cancell...

    David’s Answer

    If they deducted money from your pay, and did not provide it to the insurance, those should be found to be wrongful deductions. For each deduction, you could get $200. In addition, an attorney could look into the facts surrounding your situation further to determine whether the canceling of benefits was a result of the injury/worker's compensation claim. If so, that could be found to be retaliatory.

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