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David A Schuck

David Schuck’s Answers

523 total


  • Is refusal of a doctor's schedule restriction due to a medical condition "good cause" for quitting a job?

    After applying for reasonable schedule accommodation due to a medical condition, I was asked to provide medical documentation. After submitting the schedule restriction from my doctor, the accommodation was denied by my employer and they are unwil...

    David’s Answer

    I am unaware of a case directly on point. Some of the issues that may make it stronger are whether the employer's actions violate the law. For instance, both Oregon and federal law allow for family leave when an injury or sickness causes the need for time off. If the employer is violating these, your case is stronger. Other issues may arise for disabilities under the ADA or Oregon law. These are just a few of the examples, but you could also argue that the failure to allow the schedule change was such that your health would be affected and any person would choose their health first, which likely will meet their standard.

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  • Do I have any sort of recourse for being paid at the rate I signed to? Or at least being paid $13/hr for this week I worked?

    Last week, signed a contract-to-hire for 3 months with a recruitment agency. During the pre-employment conversations with the recruiter, I was given a range of $12-13 as my hourly rate. On the contract that I signed, the exact wording used is: ...

    David’s Answer

    Oregon is an at will state. This means that the employer can change your rate of pay simply by stating so. What they cannot do is change what they are paying you for labor you already worked. This means that arguably, you were making $13 per hour from the start of your employment. You continue to make $13 per hour until you were told otherwise. It is unclear whether the conversation you referred to was enough to change your rate of pay.

    The real issue is going to be one of proof. It is your burden at trial to prove the facts you described here. If the employer testifies falsely, that can cause issues. So the real key is how you prove the facts, not whether if proven, you should prevail. You should contact a wage and hour attorney to go over all the facts in detail and the documentary evidence that is available to prove your claim. Some wage claim attorneys are willing to take the case on a contingency fee basis, essentially making the employer pay your attorney fees when you prevail.

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  • Missing check? Hours being taken?

    It's been around 3 weeks since my check has been due, i've gotten my other checks (i get paid weekly). But the check that was due the first week of this month hasn't gotten sent to me, I'm still employed here. When I was talk to a friend they told...

    David’s Answer

    It sounds like you have a wage claim for the week's check that you were not provided, plus the 2.5 hours. The missing check will be easier to prove than the missing hours. It depends upon your facts, how you tracked time, whether you kept copies, who the employer is and how willing they are to lie whether you will be able to prove the 2.5 hours. When the employer paid you no wages on payday, you have a minimum wage claim. Under Oregon law, you may be able to get one additional day's wages, at 8 hours per day, for each day they are late paying your minimum wages. If your employment ends, you could get additional penalty wages. The question is whether the employer is not paying your wages because it is broke (cannot afford to pay), or just screwed up, or just playing a game with you because they believe they can. You should speak with a wage and hour attorney about your possible wage claim. They will be able to assess your evidence, risk, and likelihood of recovery to determine your best course of action. Some attorneys will discuss your case with you on a contingency fee basis, essentially being paid by your employer to win your wage claim.

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  • Is this ok to not have received my paycheck yet?

    Monday I was terminated from my job and I was not paid that day so I waited til today which is Friday and a payday and have yet to receive anything. I called HR this morning and the man I spoke to seem pretty clueless and told me I should hear bac...

    David’s Answer

    No. Oregon has laws regarding when wages are due. You should contact an attorney immediately before performing any other activities to obtain your check. You should do so because you may be entitled to penalty wages which could be substantial. How all this plays together and how you protect this possibility can get confusing. Some attorneys will not make you pay to have a consultation and take cases like this on a contingency fee basis, making the employer pay your costs and attorney fees.

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  • 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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