Oregon Employment Legal Questions

The answer completely depends on what you do, and if the activity is prevented by a valid noncompetiton agreement. Noncomps are very technical and thus its difficult to know without a thorough review what is and what is not prevented, if what can be done without running into liability moving forward. If you're leaving your old job and considering taking on individual clients in a new capacity, you should contact an attorney to assist you. It really doesn't make much of a difference if it's an old client or not, as noncomps can prevent you from competing with your former employer, regardless if it's a former client of their's or not.... Read More

Likely not. If you have an employment contract, you may have any number of potential claims. But if you were hired as an at-will employee as the business was failing and/or winding down, even if the owner knew of the deterioration, and even if s/he spurred the end, there's little you'll be able to recover, except for possibly unemployment insurance, which you should ensure you qualify for.... Read More

Assuming you work in a private business (not the government) the answer completely depends on your employer's policies. An employee handbook should detail the time-off procedures, and it seems logical that if you're entitled to paid time off for a holiday, but end up having to work nonetheless, your employer would make it up to you, at least financially, on another occasion. You should speak, or write, to your manager or supervisor about the issue if the answer, and a solution, isn't obvious. Otherwise, consider contacting BOLI.... Read More

It is likely to be considered voluntary resignation, i.e. quitting. You can, and even should, apply for unemployment insurance benefits, and you may well be awarded them, at least initially. However, if your employer contests the award of benefits, either initially or via an appeal after they are awarded, you're likely to have to repay any benefits you've received. Of course there's always a chance that there are other facts here that might still qualify you to receive benefits or your former employer might fail to contest an award in any case. The Employment Department has staff that will conduct an interview and go over your situation in detail. I'd suggest you schedule an appointment and go over with them what happened to you.... Read More

You should contact and retain an employment attorney immediately. Likely, a simple letter from an attorney to your former employer should motivate them to settle the 401K balance with you. It's not immediately clear to me what legal theory your letter should/could invoke. It's possible that you could allege a wage claim, which would include statutory damages, as well as attorneys fees. However, your employer will likely resist this assertion, and ultimately it may not be worth it to you (in both time and money) to pursue it beyond the remittance and receipt of your 401K balance. (In addition, breach of contract and/or tort claims may be possible claims under these facts, which may or may not have the ability to support a claim for costs and attorneys fees as well, depending on the facts and circumstances of your situation.) In short, though, while you may have valid claims, it's likely worth your while to hire an attorney for a few hours' time to investigate what rights and remedies you may have, and to draft a demand letter.... Read More

To answer this question, an attorney would need much more information regarding the facts of your situation. Specifically, you likely have a detailed employment contract that addresses your rights in this regard. It's possible that your employer's word that your salary could not be reduced except for in certain circumstances (such as a reduction for all employees) could be interpreted as a modification of the employment contract, but it's likely that the employment contract itself explicitly prohibits oral modifications. In short, of course, you are being taken advantage of, there's little doubt of that. International contractors are often subjected to such tactics by their employers. However, there's also little that can be done easily to remedy the situation, especially while you're deployed in-country. That's not to say, though, that nothing can be done. If there are such a substantial amount of individuals who have been affected by these cuts, you should organize together and retain an attorney to investigate and pursue any available legal options. It's possible you might have little ultimate legal recourse, but it's also possible that you may be able to recover the amount you've been shorted.... Read More

Generally, yes. The simple answer is for you to likely just cover it. You likely won't want to risk a termination, and further this isn't likely to be worth pursuing via a lawsuit. If the employer fired you for having a displayed tattoo that they had know about and accepted for many years, then you may have a wrongful termination claim, but even that wouldn't be a particularly good one. If you refuse to comply with a request from your supervisor, though, that alone can be adequate reason enough for termination. Likely your employer has a written dress code policy, which you should review. Even that can change over the years, however, so being in compliance 10 years ago does not necessarily mean you're in compliance now. There may be other facts that could impact your decision as to how to respond, of course, but if you can proactively avoid an issue, its usually best to do so. Of course, if you have other more specific concerns, or if you otherwise plan to refuse to comply with the request, you should consult with and retain an attorney to represent you as soon as possible.... Read More

The answer to your question depends on the particulars of the contract that you have with these employees. The employee will certainly be subject to taxes and regulations that apply wherever they work. Whether they will also be subject to US taxes will depend on their relationship with your company. Giving them an equity stake in the company would not necessarily relieve you of the obligation to pay them a wage or salary for their work. If they really are owners, then they are not necessarily entitled to a salary or a wage. But if they are owners, they must be treated as such. In other words, you can't really substitute equity for pay.... Read More

Sorry, but I’m only an expert in California Workers' Compensation law. That said, if you agree to terms of a contract and breach the contract, the other party to the contract can sue to get losses from the breach and even to get an injunction order for the breaching party to perform as agreed. But it's not my area of expertise, so please consult with a Business Contracts Expert before signing!... Read More

First you can sue on the promissory note assuming that it has been drafted competently, with all of the required provisions under Washing ton law, regardless of whether you are documented or not.  You also can usually assign the note by selling it to someone else who then can sue the employer as an assignee or successor in interest.  Second, federal law requires that you be paid the minimum wage and overtime regardless of whether you are documented or undocumented. You can sue the employer under the Fair Labor Standards Act and recover regardless of your immigration status. My firm does this all the time in Georgia, and I am sure there are firms in the State of Washington that do too. You can recover the unpaid wages, plus the same amount as liquidated damages, plus your attorneys fees from the employer if you can prove that you worked the hours and he refused to pay you.... Read More

Yes, if you're in Oregon. But my view is that you are better off with a union. You can become involved in the union, and you can have a voice in what is negotiated. Moreover, the employees are much stronger if they stand together, and they are much more protected with a union. My advice is to get involved and make sure your voice is heard.... Read More

Discounts can be offered without violating law. If you and the attorney make it clear to the employees that you are not requiring them to use the attorney and are not guaranteeing the results you should be fine. However, you should ask the attorney for references and check with the State Bar to make sure he is licensed and has no record of discipline.... Read More