Skip to main content
David A Schuck

David Schuck’s Answers

520 total


  • When does she have to give me my last paycheck?

    I was working for a Company called Inspection Central Northwest. I just got fired. Now she's trying to say that I was an independent contractor and I will get paid when the client pays with is a month out. I need to know if I was an employee or in...

    David’s Answer

    Calling an attorney that handles wage and hour issues is your best bet. The test for determining whether one is an employee or an independent contractor is a factor test that requires a detailed look at your job duties and how they relate to the company that owes you money. Some attorneys will offer a free consult to allow you to determine whether it is a good risk for you to take on and whether you can get additional penalties.

    See question 
  • "Employer informed a job would not be backfilled after former employee left, Then the manager appoints a staff member? Legal?

    Employee leave company leaving position vacant, Management inform entire staff the position wont be filled. Management then appoints another employee to the position without affording team members the opportunity to apply for the position. If that...

    David’s Answer

    You have not provided sufficient information. The legal question is about the question why. Why did the employer handle the situation like this. Is it because no one in the team is qualified in their eyes, or is it because of some unlawful reason. For instance, was it because you were female and they wanted a male in that management position. Was it because you complained about your wages, or filed an OSHA claim, etc.

    See question 
  • Should I negotiate my severance package after being terminated?

    I was terminated from my employer on Friday. It is unclear why I was terminated but I live in at will state. They have offered me a severance package if I sign a separation agreement & release & reaffirmation of agreement & release. They are only ...

    David’s Answer

    No question that you need to sit down with an attorney. The severance invariably will get rid of any claims you may have. Might as well be sure regarding what you would be giving up.

    See question 
  • Can an employer in OR tamper with employee checks?

    Our employer has been taking funds from my paycheck for a personal debt. I'm currently in a position where I can't pay my bills and or eat because he has taken my money for personal reasons. Also, he has skipped a payday, only to pay us at a la...

    David’s Answer

    Oregon is very strict on what can be deducted from your wages. There are only a few exceptions such as taxes, garnishments, and those that are authorized in writing by the employee. Sometimes the law will even determine whether it was in your interest to make the authorization. The law also places limits on how much can be deducted at one time. So even if you authorized it and it was allowed by law, it could still be illegal if they deducted too much money. It sounds like there are several ways you could get past this issue. In addition to the deducted wages, you could either recover $200 per deduction, or a matching amount of the deducted wages (your damages). Further, if the deduction caused you to be paid less than minimum wage, you could also be due up to 30 days of wages. So there are lots of questions within your question, but definitely worth contacting a wage and hour attorney to see if it is worth your while to pursue. Some offer free consultations and take wage claim cases on a contingency fee basis.

    See question 
  • Is there a statute of limitations for payment for services rendered as an independent contractor?

    As an independent contractor I work for several large corporations. I am given a work order with all of the information I need to complete the job and my agreed fee (usually $100 - $150 per job). I have all of these work orders. One company owes ...

    David’s Answer

    The statute of limitations is six years. If your claim, or what you sue for is less than $10,000, you can recover attorney fees and costs in addition to your claim. This may allow you to get representation that you need to recover your money.

    See question 
  • I have not received my final paycheck from a previous employer.

    I worked for Fred Meyer for a short time, approximately two weeks, though only a few days in those weeks. I terminated my employment 6/12/16 because I found another job and requested my paycheck be sent to my home address 6/14/16. The notice was...

    David’s Answer

    You should contact a wage and hour attorney. Some take cases like your's on a contingency fee basis, essentially being paid by your employer to recover your wages and penalties. There are some very specific things that you need to do to protect your rights, some of which it sounds like you are already on top of.

    See question 
  • Commission and expenses

    I have been a sales rep for over 15 years and I have never had a employer take my expenses out of my commission sales. I never signed any paperwork stating that I authorize them to do so. Also, I have always wrote off my expenses at the end of the...

    David’s Answer

    Sounds like a copy of the agreement would need to be seen. Generally, employers may only deduct items from your pay when you authorize it. So the deductions from your pay likely are a problem. The second part of your question is a tax question and a contract question mix.

    See question 
  • Can an employer in Oregon refuse your request to pick up your final paycheck?

    I recently left my employer with less than 48 hrs notice due to countless unlawful business practices and serious violations that I was no longer willing to work under. I respectfully stated there issues in my resignation letter, and have been fac...

    David’s Answer

    Given your question's specificity regarding the notice, you are aware that all your wages are due within 5 business days, or the next payday, whichever is sooner. The mailing issue has some legal ramifications that are best left to discussion directly with your attorney. Deductions from your wages need very specific approvals. For instance, if you took out a loan and you were supposed to pay over time and they want to take it all from your final paycheck, they would need written permission from you to do so.

    See question 
  • See above.

    my daughter just started a job in fast food, had her first day just today. was working on a register, went and had lunch with her on her lunch break. someone else was on her register during that time. at the end of her shift her till got counte...

    David’s Answer

    Such a deduction from her wages is unlawful under ORS 652.610. This would entitle her to $200 for the unlawful deduction. If they terminate her over the issue, she could also sue for the late payment of final wages. This penalty could exceed two thousand depending upon other facts. In addition, she may be able to sue for retaliation.

    See question 
  • Is this illegal? And how illegal is it compared from low to high?

    So, I used to work in a restaurant where we had a tip jar. I was a main closer, pretty much everyday of the week, so it was common for me to count the till and make sure it was all there. Some nights we were over in money and others we were under....

    David’s Answer

    The federal appellate court for Oregon just ruled that employers cannot distribute tips outside those who are normally tipped. (eg servers, bussers, etc.). Such is likely a wage claim under the FLSA. How Oregon law addresses this issue is yet to be determined. The most likely is that it would be treated as a theft (conversion), or an unlawful tip credit. Oregon tends to be very restrictive regarding what can be deducted from an employee's pay, but has not addressed whether it treats tips the same way. I think you should contact a wage and hour attorney and discuss the specifics of your issue and they will tell you what you options are. This is a big deal in my opinion, as a wage and hour attorney, I see this type of theft far too often and want this type of action to stop.

    See question