Q: What kind of Oregon Employment Law, Wrongful Termination, or Harassment cases to you take?

A: I've been a lawyer since 1984. I've handled all kinds of employment law cases, including wrongful discharge, retaliatory discharge, sexual harassment, unpaid wages, and other types of employment law cases. In fact, I was the first to place an ad for "Employment Law" in the Portland Yellow Pages in 1987.

Q: They said I was "laid off," but really I was fired. When does my former employer need to pay me my final severance paycheck?

A: The answer depends on whether you were actually fired or laid off. I explained it in my article entitled, When are Final Paychecks Due Under Oregon Law.

http://www.oregonpersonalinjurylawyerblog.com/2010/01/oregon-law-specifies-when-fina.html

Q: Do I have a right to see my personnel file at work?

A: Yes. Oregon law requires employers provide you both with the opportunity to review your records (where you work) and to obtain a copy. I've explained (a) what are "personnel records," (b) when the employer must give them to you, and other details of the law in my article entitled, Your Right To Personnel Records in Oregon.

http://www.oregonpersonalinjurylawyerblog.com/2010/02/your-right-to-personnel-record.html

Q: What is Harassment or Hostile Work Environment under Oregon Law?

A: In terms of what you can sue for, harassment or hostile work environment refers to being treated differently because of some protected category, like sex, race, or reporting violations of law. But you cannot suffer in silence. If a co-worker is harassing you, you must let the employer know. Then the employer must take immediate and appropriate corrective action. If it does not, then you have a claim. You might have a claim sooner if the harasser was your supervisor or the owner of the business. On the other hand, if your boss is a jerk and yells at everyone, then he is an "equal opportunity harasser," for which you probably do not have a claim.

Q: What are the legally protected classes or categories?

A: Because discrimination is only unlawful if it is based on a protected class, the question is what is a protected class? Generally, statutes set forth what people or what activities are protected. We all know about race, gender, and age. But many activities are also protected. For example, an Oregon employer may not fire someone because she reported improper conduct at a nursing home or filed a workers' compensation claim. Oregon employers cannot treat employees less favorably because they report violations of law. There are many, many different protected classes and categories. Consequently, if you think your employer fired you or demoted you because of something you thought you should do, let's talk about it.

Q: What is FMLA?

A: The Family Medical Leave Act sets forth rights workers have to take time from their job for certain reasons.

Q: I was fired but not given a reason. Can my employer do that?

A: Yes. Unless you are employed under a "just cause" provision of a collective bargaining agreement or an individual contract, and unless you are a government employee, the employer can fire you no reason. That's what "employment at will" means. Nevertheless, the question remains: what was the true reason for the termination? Employers may not fire you for illegal reasons, like sex, age, race, use of workers' compensation system, injury on the job, reporting legal violations, and many other reasons. If you think there was some illegal reason, then you should contact a lawyer to determine how best to investigate what happened.

Q: How much money will it cost me to file a lawsuit?

A: There are two major costs to a lawsuit: attorney fees and "costs." Attorney fees can be paid by the hour or under a contingent fee agreement. If you find a lawyer who works under a contingency (as I often do), then the attorney fees will be paid by the other side, (or not at all). Under Oregon regulations, the client must remain responsible for "costs." Costs vary depending on the case. When my clients cannot afford to pay costs as we go, then I will often advance the costs, expecting to be paid out of the client's share of the settlement or award.

Q: Who is the Best Attorney in Oregon for Employment Law, Wrongful Termination, & Harassment Cases?

A: The best attorney for you might differ from the best attorney for someone else. You need to talk with attorneys until you find one with whom you are comfortable. After all, the attorney / client relationship is a relationship. Each side of that relationship better like and respect the other. Ask the attorneys about their experience and the process ahead. Get a feel for whether you trust this person to handle your very important matter. Do you think this attorney will get to know you well enough to present your life to 12 strangers in court? Will he work his tail off for you, or are you just another "file?"