Oregon Employment Legal Questions

"Due Process" of Law only applies to Government encroaching on individual freedoms. Private corporations foreign or domestic owe no 'due process of law'. California is at 'at will' employment state... you may be terminated for no reason at all. You may be terminated because you wore a blue shirt. You may be terminated because you didn't wear a blue shirt. And YOUR remedy is to (1) Apply for Unemployment Insurance with the California Employment Development Dept http://www.edd.ca.gov/ then (2) Find new Employment. [No employer may terminate or discriminate based on national original, race, religion, gender, disability or sexual preference ... if you can clearly prove the termination was because of one of those bases, you've got a FEHA or ADA administrative law action.]... Read Answer

It depends on what the Allstate life insurance policy under which you are receiving the payments provides. It may give Allstate the option to make advance payments to you, under circumstances of need like those you are facing. Try working with Allstate and see what it might be willing to do.... Read Answer

You should consult with an attorney that handles discrimination cases. I suspect that the employer may refuse to permit you to work there while under the influence of Fentanyl The question is what accommodations are they required to make, as far as holding your job open. I do not know that answer You may be too late to apply for FMLA. I do not know.... Read Answer

An employer has the obligation to pay people on schedule. If you wish, you can proceed against the employer before the state agency Division of Labor Standards Enforcement (dubbed "the Labor Board" by most) by starting a Wage Claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm You will NOT be popular with the employer if you elect to pursue this, so while you DO have rights, consider the long-term cost of pursuing those rights.... Read Answer

The answer depends on specific words in the physician's 'instructions'. Generally, California is an 'at will' employment state, which means you can be terminated for no reason at all, if the employer no longer requires your services, you can be terminated. If you are terminated in retribution for claiming benefits for an industrial injury (workers compensation), Labor Code132a says its a misdemeanor to discriminate including terminate a worker just because the worker requested workers comp benefits. Proving the 'mind set' of the employer not calling you will be nearly impossible just ask any Workers Compensation Judge. it is very, very rare a Comp Judge finds that the main reason an employer didn't re-hire the employee was soley because that worker asked for comp benefits, because you have show what another human being was thinking. Here's the trouble: if the doctor's note says that the job resulted in harm to your placenta and the doctor doesn't "release" you to full duty with no restrictions, the employer is justified in presuming you are temporarily disabled and not available for work. If you are 'released' to MODIFIED duty limited hours or limited standing or weight bearing the employer has no obligation to make a special job for you. If you are 'released' to full duty with no restrictions, you need to physically report for work (so you can tell a judge you appeared ready for work with a full release and were sent home). Also, the substance of telephone conversations is worthless. If you have fully recovered and were released to work unlimited hours with unlimited standing and lifting and the employer refuses to let you return, you need to put those facts in a letter demanding to be placed on the schedule. If you were not released to full duty and you can only stand a little and only work a few hours, you need to request Workers Compensation benefits IN WRITING. YOU NEED a WRITTEN report finding you are Temporarily Totally Disabled until you are released to unlimited standing and extra hours (the result of the employer refusing to provide modified work).... Read Answer

Generally, your employer is obligated to pay you minimum wage. However, this requirement may change if you are a server or if you are considered an exempt employee. The FLSA allows employers to pay less than minimum wage for "tipped employers" such as servers; however, that wage plus the amounts of times must add up to at least minimum wage. If you believe your employer has not paid you properly, schedule an appointment with an attorney to discuss your case in person.... Read Answer

For a private employer, no the standard operating guidelined are not subject to challenge. Private employers may adopt any rules they wish, so long as they do not involve committing crimes. There could be a different answer for a government. Therefore, you have not asked an employment question that I am able to answer. You have asked a question about city government, which I am unable to answer.... Read Answer

Maybe neither. The probably owe the replacement value of the tools. In fact depending upon what you did for a living, and how much you were paid, you may never had an obligation to supply your own tools at your own expense to begin with. The owner of the business per labor code section 2802, is responsible for all expenses discharged with respect to the business on behalf of the employee.... Read Answer

It is possible that your employer terminated you because he believed you were involved in this possible walkout.  Whether that is right or not, the employer violates various labor law rules when you are involved in what is referred to as "concerted activity", which is as if you were acting like a labor union regardless of whether there was a union there or not.  you should speak to an attorney or the National Labor Relations Board  ... Read Answer

There may be a potential interference with business advantage claim, and/or if the subcontractor is a minority there could also be a discrimination claim. The answer can only be determined by a careful review of the facts. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts.... Read Answer

Under Oregon law, within 45 days after receipt of an employee's request, an employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, the personnel records of the employee that are used or have been used to determine the employee's qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. Within 45 days after receipt of the employee's request, the employer shall furnish a certified copy. ORS 652.750(2). Simply make a request, preferably in writing.... Read Answer

I do not know that the employer is required to give you a separate bathroom break. You should use the bathroom when you are on break. If you have to ALSO go at another time, most employers understand, but they could discharge you for being out of your work area. It sounds like you are trying to make trouble by pushing for what you believe are your rights. If so, this is unlikely to help you in the long run. You could end up feeling like you won the battle, as you stand in the unemployed line.... Read Answer

It depends. A subcontractor would have a problem suing you unless there was fraud on your part. On the other hand, and former employee for wages, if he names you there is a provision of the labor code that could make you liable. when you say "out of business" did you formally wrap things up with the secretary of state.... Read Answer

They will likely find the pending misdemeanor charge. He should read the question carefully, and answer the question asked. If it asks about arrest or charges, he should disclose. If it asks only for convictions, then he could not disclose and still be truthful. When in doubt, disclose. If the employer finds out, he will look like a liar and will be discharged.... Read Answer