I have many pages of documentation and many witness. Thank you.
The National Employment Lawyers Association website is also a good resource for experienced employment lawyers, at nela.orgSee question
I work in a body shop and scratch a bed side (truck). my employer says he going to "backflag" (take time off my pay) to pay to paint the bed side. is that legal ?
An employer is not lawfully permitted to take a deduction for damage or breakage. Doing so would be an unlawful deduction under Oregon statute ORS 652.610(3), which would provide the employee the right to sue to collect actual damages or $200, whichever is greater, plus reasonable attorneys fees, costs, and a prevailing party fee (up to $500 or more) under ORS 652.615.
The above comments do not constitute specific legal advice but are offered for general discussion purposes only. For specific legal advice, consult an experienced employment lawyer who can fully analyze the specific facts involved and analyze your rights.See question
I work in a deli in Oregon, and today I accidentally came across a tape recorder that had been recording for who knows how long. Is that legal for her to record our conversations without us knowing?
The use of recording devices is addressed by both federal and state statutes. Violating these statutes can result in both a civil suit and also criminal charges. Most statutes were enacted to cover wiretapping and eavesdropping, but the courts have uniformly applied them as well to electronic (i.e., "tape recording") recording of any conversations, including phone calls and in-person conversations, by private persons.
It is usually unlawful to record a meeting you are not involved in. Although state laws differ, in virtually all states it is usually unlawful for a person to record a conversation he or she is not directly involved in and does not have consent to record. In Oregon, recording an oral conversation or meeting without the consent of all the participants is a criminal violation classified as a "Class A" misdemeanor. ORS 165.540. Violation can result in a fine up to $6,250, and up to a year in prison. ORS 165.543, .615. It is also illegal to obtain, divulge, or use a conversation with the knowledge it was obtained unlawfully by another. ORS 165.540(1)(d),(e).
Even when a conversation or meeting is recorded with the recorder in plain view, all parties to the conversation must either know or reasonably expect that the conversation is being taped. ORS 165.540(6)(c).
Recording Telephone Conversations: Federallaw allows recording of phone calls and other electronic communications with the consent of at least one party to the call. Oregon law is the same. State v. Lissy, 747 P.2d 345 (1987). That Oregon law permits one party to a telephone conversation to record it does not necessarily mean that calls to or from persons outside Oregon are permitted. The law is not adequately developed enough to permit such recording with confidence that it is legal.See question
I have been denied a raise and I want to ask too see my records...can the employer fire me for this?
You are entitled to see your personnel records by Oregon statute, ORS 652.750. Terminating you for exercising your statutory right of access to those records would be unlawful. Under Oregon common law, a discharge for exercising a right related to one's role as an employee is wrongful and subjects the employer to liability under common law.
The above comments are offered for discussion purposes only and do not constitute legal advice.See question
I am a daibetic and need set hours and have been denied accommdation
Diabetes usually is a covered disability, meaning that it is covered by the Americans with Disabilities Act (provided your employer has enough employees) and sometimes by state law. Under the ADA, an employer is obligated to provide necessary reasonable accommodations and is required to engage in a good faith interactive process to determine what accommodations are necessary and appropriate. Not every requested accommodation must be given, but only such accommodations as are necessary to permit the employee to perform the essential functions of the position. If no accommodations are possible without undue hardship that will permit the employee to perform the essential functions, accommodation is not required.
The American Diabetes Association website has a great deal of information, resources, and guidance concerning living with diabetes, including how to deal with workplace issues. Sometimes, all that is needed is education; other times, litigation may be necessary.
Consult an experienced employment lawyer in your area for advice. The above comments are offered for general discussion purposes only and do not constitute specific legal advice.See question
Retaliation.. Told to cover up sexual assaults by an owner to my wife at work, job threatened, no investigation made, I was demoted when I reported the crimes to police, my contract was breached, and then I was terminated without reason. Much more...
When punitive damages are available under state law, no caps apply. Federal discrimination claims under Title VII and the Americans with Disabilities Act are subject to caps in combined general and punitive damages, ranging from $50,000 to $300,000 depending on the size of the employer. Under state law claims, those caps do not apply, but 60 percent of any punitive damages awarded under state law becomes the property of the state victims compensation fund, with the remaining 40 percent split between the lawyer and the plaintiff.
The above comments are not specific legal advice, but constitute general comments only. For specific legal advice, consult a lawyer experienced in the area of law involved.See question
I just quit my job in Oregon and am wondering how soon my employer has to give me my paycheck.
The statute regarding payment of wages upon termination reads:
(1) When an employer discharges an employee or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of the discharge or termination become due and payable not later than the end of the first business day after the discharge or termination.
(2)(a) When an employee who does not have a contract for a definite period quits employment, all wages earned and unpaid at the time of quitting become due and payable immediately if the employee has given to the employer not less than 48 hours’ notice, excluding Saturdays, Sundays and holidays, of intention to quit employment.
(b) Except as provided in paragraph (c) of this subsection, if the employee has not given to the employer the notice described in paragraph (a) of this subsection, the wages become due and payable within five days, excluding Saturdays, Sundays and holidays, after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.
(c) If the employee has not given to the employer the notice described in paragraph (a) of this subsection and if the employee is regularly required to submit time records to the employer to enable the employer to determine the wages due the employee, within five days after the employee has quit the employer shall pay the employee the wages the employer estimates are due and payable. Within five days after the employee has submitted the time records, all wages earned and unpaid become due and payable.
As the statute says, the time for payment of wages depends on whether notice of the quit has been given to the employer. If at least 48 hours notice has been given, then final wages are due at time of quitting. Otherwise the employer has up to 5 days, or the next regularly scheduled payday, whichever is less, to make payment.
If final wages are not timely paid, an employee may be entitled to penalty wages plus attorneys fees and costs. Notice to the employer affects the amount of the penalty, and an experienced employment attorney may be helpful in giving such notice and securing appropriate penalty wages.
The above is not specific legal advice but is offered for general discussion only. Only a lawyer with access to the specific facts and circumstances can provide specific advice. Consult with an experienced employment lawyer for such advice.See question
Oregon law requires an employer to provide a copy of an employee's personnel file upon the employee's request. The personnel file contains extensive information, but I cannot find any such law or regulation regarding employee files in the state ...
The right to review personnel records is contained in RCW 49.12.250. “Personnel records” under that section has been interpreted as follows:
"The term 'personnel files' is further interpreted to generally include, but is not limited to, records of employment and such other information required for business or legal purposes; documents containing employees’ qualifications; verification of training completed; signed job descriptions; supervisor’s files; all performance evaluations, letters of commendation and letters of reprimand; salary, sick and vacation leave hours; and summaries of benefits and other similar information."
The statute, as you note, does not require that copies be provided to the employee. If the employer does not voluntarily produce copies upon request, the employee should make an appointment to review the records, index them and their contents carefully, and request the employer to acknowledge the accuracy of the index. The employer is not required to make such an acknowledgement, but a refusal to do so could lead to an adverse inference against the employer. Some suggest carefully marking each page with a small page number on the back of each document, but the employer is not required to allow the employee to mark its documents.See question
I have had pay raise each year and high bonuses.with no corrective actions and have had many awards within my employment, i am the supervisor upon my hire, but past some supervisors and employees have been terminated without fair cause. my employ...
Most employment is at-will, meaning an employer can terminate at any time for any reason. As such, anything short of termination, such as unfair treatment or false accusations are also legally acceptable. The law does not guarantee a good workplace or a good employer. All it does is make unlawful such practices when they are motivated by certain "protected classifications," such as age, race, sex, disability, religion, whistleblowing (i.e., reporting illegal conduct by the employer), safety complaint, workers' compensation claim, etc.
Unfortunately, the individual employee has little protection against abusive employer treatment. Unions can negotiate just cause provisions in collective bargaining agreements, but absent such a collective agreement or individual contract providing similar protections, the employee is at the mercy of employer abuse or just plain incompetence.
If the employer’s reason for termination is the result of a protected classification (see above), it may be unlawful. Even in those cases, the employee has to prove that the employer treatment is caused in material part by the protected classification. In other words, merely being in a protected classification does not give the employee protection from what the employer can show it does or would do absent the protected classification.
The above is not specific legal advice, but is offered for general discussion purposes only. Only by consultating with an experienced employment lawyer, who can evaluate all the specific facts and analyze the specific situation, can an employee receive appropriate legal advice.See question
Money was taken out of my check for a shortage and I was not informed
In most cases, it is unlawful to deduct from a paycheck for shortages or breakage. An employee agrees to work for a specific wage, and the employer is obligated to pay that wage for time worked. A deduction for shortages or breakage means the employer is paying less than the agreed rate. Moreover, if the deduction takes the pay below minimum wage, the employer has violated wage and hour law in failing to pay minimum wage. Under federal law (if it applies based on whether the employer or employee engages in "interstate commerce"), an employee is entitled to bring an action to recover unpaid minimum wage and, if successful, recover liquidated damages (twice the unpaid wages) for a wilful violation plus attorneys fees and costs. Also, if the employer makes unlawful deductions as a matter of policy, and the number of employees affected is sufficiently large, a class action can be considered.
State law specific to your state may have additional protections and remedies. Consult an experienced employment lawyer in your state to determine whether state law applies and the specific protections available under that law.
The above is not specific legal advice, but is offered for general discussion purposes only. For specific advice, consult an experienced employment lawyer licensed in your state.See question