Oregon Employment Legal Questions

First off, if you are forming an LLC in Oregon, be sure to get that entity registered as a foreign LLC in the state where the business is located. The main function of an LLC is to create a separate business entity under which you keep all of the business assets and debts. If you were to run the business in your own name as a sole proprietor, and if the business incurred a large debt (like a personal injury judgment for a customer who got injured on the premises), all of your personal assets including the business could be attached to pay the debt. With an LLC or a corporation, only the business assets can be attached for a business liability. Also, be sure and consult with tax accountant to make sure you are organizing the LLC's books to properly track all tax-related factors like payroll, depreciation, reserve funds and so forth.... Read More

Assuming the business purpose is legal and not void against public policy, you should be able to establish a business entity. There are also tax issues to consider, particularly related to employees and / or contractors. The Oregon Secretary of State's office can not offer legal advice. Consider talking to a business lawyer with tax experience.... Read More

A client can terminate his relationship with a lawyer at any time, and for any reason. The lawyer has the same right, so long as the termination does not prejudice his client's legal position. That generally means the client has adequate time to find other counsel to represent him or her. A lawyer's decision to terminate the relationship, however, does not mean that the lawyer waives his right to a fee. In general, the lawyer would be entitled to the reasonable value of the services provided to the time the relationship ended. That value is not necessarily equal to the hourly fees that the attorney has billed, but the amount of those fees might be relevant to a court's determination of what is reasonable.... Read More

The Fair Labor Standards Act was recently amended to require that employers provide a reasonable break time for employees to express breast milk for nursing for one year after the child's birth. The employer is required to provide a place (other than a bathroom) that is shielded from view and free from intrusion from coworkers and/or the public. I would recommend that you consult with an attorney to further discuss your rights under this Act and any possible causes of action that you might have against your employer.... Read More

You have a personal choice whether to document the sexual harassment of your colleague. But your colleague should report the sexual harassment to their supervisor, management and/or human resources. If you provide truthful and accurate informaiton regarding the sexual harassment of your colleague, it is illegal for your employer to retaliate against you. Contact an attorney if you have any question with regard to your situation.... Read More