Scott T Cliff's Answers

According to ORS 652.150 I should receive penalty wages?

I do a lot of wage claims. In my 24 years experience, both in defending and presecuting such claims, such claims are handled on a contingent fee basis. Furthermore, having a lawyer greatly increases the chances of settlement because the one-sided fee recovery provisions of ORS 652.200 make it very risky and expensive for an employer to fight such claims. Penalty wages are "wages" for purposes of entitlement to fees even if all actual wages have been paid.

2 lawyers agreed with this answer

1 person marked this answer as helpful

Is it Illegal to share something that was said about a co-worker in a meeting about her?

I agree with the prior answer by Jay that your coworker needs to seek counsel of her own and that knowing the terms of the nondisclosure agreement is critical to any analysis. That being said, most such agreements define the material terms like "proprietary" and "confidential" and courts are reluctant to enforce such agreements beyond what is necessary to protect the legitimate business interests of the employer. It is difficult to tell from your situation what interests, if any, may have...

2 lawyers agreed with this answer

I was laid off from a construction company in good terms, returned my company owned tools and I necer received my last pay check

You sould retain a lawyer with wage collection experience as soon as possible. How the penalties are calculated can depend on how you handle the process. Also, having a lawyer will encourage your former employer to settle the matter quickly because attorneys' fees are recoverable by the employee if a suit is filed and a judgment is entered for the employee. Even if the employer prevails, it cannot typically recover its attorneys' fees. Thus the employer's potential liability increases the...

1 lawyer agreed with this answer

In Oregon, can you receive unemployment if fired for not hitting performance metrics? (such as call time/volume)

In Oregon, benefits are generally denied at the application stage for one of two reasons: (1) the claimant voluntarily quit without good cause; or (2) the claimant was discharged for misconduct connected with work. In your case, the issue is whether failing to meet your employer's performance standards constituted "misconduct." Misconduct connected with work consists of a "willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an...

1 lawyer agreed with this answer

Does an employer owe me my accrued vacation pay after I quit? What if I don't give a full 2 weeks notice?

In Oregon, vacation pay is not a statutory right; your entitlement to it is considered to be contractual, meaning that the employer may define how it is accrued, how it may be used, how--or whether--it may be carried over into subsequent years, and whether it is owed upon termination. This means that you must look to the employer's stated policies for your answer. If the employer does not have a clearly stated policy to the contrary that is published to employees, vacation pay that is accrued...

1 person marked this answer as helpful

Will I be eligible for unemployment?

I echo the answer given by Shelley Russell, with the additional observation that the issue might be cast as whether you quit voluntarily without good cause because your former employer has stated that it would treat your failure to show up for work as abandonment of your position. If that is the basis for denial of benefits at the Administrative Decision stage, one critical consequence at the hearing stage will be that you will carry the burden of proof to show that your supposed "abandonment"...

Can my employer terminate me because I need time off for a much needed surgery?

It sounds like you likely have a "serious health condition" for which the law may allow protected leave. Depending on the number of employees employed by your employer and how long you have worked for that employer, you may have rights--including the rignt not to be penalized for taking covered leave--under the Oregon Famly Leave Act ("OFLA"), which applies to employers with 25 or more employees and/or the federal Family and Medical Leave Act ("FMLA"), which applies to employers with 50 or...