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David A Schuck

David Schuck’s Answers

522 total


  • Could my employee to make me to work 30days if my contract is over?

    My contract will be over December 1 and need to be renewed . Could my emploee make me to work longer is we did not signed and renewed contract ( My current contract was December 1 2014 to December 1 2015 ). Could they make me to work 30 extra days...

    David’s Answer

    Your question is a bit confusing. You ask whether your "employee" could make you work longer. I think you mean employer, but am not certain. That distinction would make a difference. You also state that your contract is completed December 1. In most contracts, that means that the work is completed. However, some contracts have other provisions that respond to this question. So while based upon your question, and only what is on here, it certainly looks like you will be done on December 1, only a complete review of the contract will lead to a definitive answer on that question. This is something that you would likely have to show the lawyer and be charged a fee to review to answer.

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  • If I a white male was fired for not passing 2 Hispanic students by a Hispanic principal, is that reverse discrimination?

    Of course that was not the reason given for the firing, but 2 Hispanic students had not passed my class, and I was pressured to pass them by the baseball coach and the Principal,a Hispanic male. When I said I couldn't in good conscience pass them ...

    David’s Answer

    You should immediately contact an employment attorney. There are more facts that are likely relevant to the issue and you want to start setting this up correctly if you wish to pursue.

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  • Do i need an attorney for filing slander charges

    so my previous employer fired me saying my work was sub par while i know that its because i complained she was sexist when it comes to promoting people...well since then ive been hearing that she fired me for "being a pervert" while never in the 3...

    David’s Answer

    It certainly sounds as if it may be something that you need to get handled. You will need to gather all your documents or witness lists to support that she is communicating this information to others. The attorney you choose will also need to have all information you have regarding how it is affecting your business to prove your damages.

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  • Is a non-compete agreement without any non-compete pay provision automatically void in Oregon?

    This is based on my reading of ORS 653.295. In other words, for a non-compete agreement to be enforceable in Oregon, does it need to mention explicitly that there will be compensation (greater of 50% salary or 50% of median income for a four-perso...

    David’s Answer

    I don't know of a case that says it must be expressed in the agreement. Likely the issue will be whether you meet the salary requirement.

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  • Suspension without pay for the duration of interactive process, is that breech of good faith? What can I do to get reinstated?

    Employer is making me stay on suspension while gathering medical information for interactive process. It will be five weeks on Friday 10/23/15. Is this legal for them to do? Should I be filing unemployment? They are stressing in letters that they ...

    David’s Answer

    You should contact an attorney directly. It appears that you are asserting an ADA issue, and that you and the employer are working on an accommodation. An attorney is not going to be comfortable giving that type of specific advice on this site, and further, given the limited facts, such advice would be of very limited value. It sounds like there is a lot more for the attorney you choose to consider when giving their advice.

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  • Washington state. a worker is suspended pending an investigation into creating a hostile work environment. What are his rights?

    I have been accused of creating a hostile work environment. I was working in a remote camp and was told to pack up and leave. There was no explanation as to what I had done, who was accusing me or anything. What are my rights?

    David’s Answer

    You have the right to be paid all your wages within one business day. Otherwise you could be earning 8 hours of pay for each day they are late.

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  • What can I do to get my former employer to give me my personal property?

    I'm no longer employed with a state agency. I wasnt allowed to get my property from my locker. Ive emailed the HR department twice and called them multiple times to get my property. I havent received a response. I have no idea what to do to get it...

    David’s Answer

    Normally, you would send a letter to the employer demanding return of your property and threatening to retain counsel to bring a case for conversion of your personal property. Because it is a public agency, the letter must satisfy legal requirements under the state's tort claims notice laws. Essentially a background requirement to bringing a lawsuit against the state. So you have multiple layers that must be satisfied to get a single notice out. More likely than not, once faced with the letter the state will provide your personal belongings.

    Alternatively, there may be someone in the chain of command in your former department that could help you recover your stuff.

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  • How do I go about getting paid paychecks that are owed to me?

    I am a subcontractor who worked for a company doing directv installations. I quit after about 5 months because I never got paid on time, and getting paid was always a hassle. I did nothing but great work for this Co. Everything they asked of me, ...

    David’s Answer

    Call a wage and hour attorney. You may be an employee and thus entitled to penalties and attorney fees.

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  • Can you receive unemployment benefits in Oregon if you are fired for attendance?

    I suffer from anxiety and depression since my dad died. A couple weeks ago my boss sat me down and said my job performance wasn't up to par since then but he knows I'm a good worker and wanted me to stay. Recently I went through more tragic events...

    David’s Answer

    You will likely be turned down initially. You will have a short period of time to appeal. Once you appeal you will get telephone hearing. You should probably speak with an attorney that focuses on these claims. They will help you request unemployment in a way that will not hurt you at the hearing and then represent you at the hearing.

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  • I recently quit my job due to the fact that I was being sexually harrased at work. Now I am out of a job, and the

    Now I am out of a job, and the perp is still working, Is there anything I can do legally?

    David’s Answer

    You should speak with an attorney directly. Whether you were forced to quit to avoid the sexual harassment is a complex determination very dependent upon the facts of your situation.

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