Wendy J Baker’s Answers

Wendy J Baker

Eugene Employment / Labor Attorney.

Contributor Level 3
  1. Is there a none compete law in the state of Oregon?

    Answered almost 2 years ago.

    1. Wendy J Baker
    2. Kevin Elliott Parks
    3. David A Schuck
    3 lawyer answers

    Non-competes generally are not enforceable in Oregon unless they were signed before 2008. If signed after 2008, they are only enforceable if presented to the employee in writing at least two weeks before the hire date or upon a bonafide promotion. The employee must be salaried and exempt from overtime. Non-solicitation agreements, which prohibit you from soliciting the company's employees and or/customers, are enforceable in Oregon.

    Selected as best answer

  2. Profanity

    Answered almost 2 years ago.

    1. Jay Bodzin
    2. Wendy J Baker
    3. Troy Austin Pickard
    4. Michael Charles Doland
    4 lawyer answers

    The use of profanity in the workplace is not, in and of itself, unlawful. However, if the profanity is of a sexual nature and is persistent, then it might constitute sexual harassment or create a hostile workplace, particularly if it is directed toward one person.

    1 lawyer agreed with this answer

  3. I hired a roofing contractor because of the manufacture warranty he offered. He failed to produce the warranty.

    Answered almost 2 years ago.

    1. Wendy J Baker
    2. Pamela Koslyn
    2 lawyer answers

    You should contact the Construction Contractors Board in Oregon and file a complaint against the contractor if you believe you were defrauded.

  4. Can I collect unemployment if I refuse to sign my company's non-disclosure form resulting in termination?

    Answered almost 2 years ago.

    1. Kevin Elliott Parks
    2. Wendy J Baker
    2 lawyer answers

    Refusing to sign the non-disclosure form very likely will jeopardize your right to unemployment if you are terminated for refusing to sign it. This is because the Employment Department can deny compensation to an employee who violates a policy of the employer.

  5. I work for a medical and dental staffing agency, I work over 40 hours constantly but I don't ever get paid over time.

    Answered almost 2 years ago.

    1. Benjamin Rosenthal
    2. Wendy J Baker
    3. David A Schuck
    3 lawyer answers

    Under both Oregon and federal law, an employee is entitled to overtime for any hours worked over 40 in a week, regardless of the location, if the hours are worked for a single employer. You are probably entitled to 2-3 years of back overtime pay, as well as penalty wages.

  6. My work has cut my pay to less then what i agreed to work for without my consent for the past year can i get my wages due?

    Answered almost 2 years ago.

    1. Wendy J Baker
    2. Elizabeth Tandy Foster
    2 lawyer answers

    An employer generally can change your pay rate for reasons like shift differentials, as long as you are being paid at least the Oregon minimum wage of $8.80 per hour. You should ask your employer why the allowances have been changed.