Answers Posted By Craig A. Crispin

Answer to Can my employer hold my first check of every year paying it in december?

It is highly unlikely an employer can "hold" a paycheck for a year under any circumstances. Sometimes the employer may have a pay period that ends a week or so before payday, thus making it appear as if the check might be "held." In that circumstance, the paycheck is actually just delayed until the normal next payday. If the employer in fact has withheld pay for longer than the next appropriate payday, it may be in violation of the law and subject to penalties.

posted Jan 16, 2017 2:48 PM [EST]

Answer to my company is in washington but i live and work in oregon am i entitled to sick leave?

Generally, the place of employment determines the law that applies. If an employee performs his or her duties in Oregon, then Oregon law would likely apply.

posted Jun 25, 2016 09:22 AM [EST]

Answer to Do I Have a Provable Case of Retaliation

Retaliation for asserting a right related to your role as an employee, such as that of taking breaks and lunch periods, can constitute a wrongful discharge. It may also, in the right circumstances, constitute retaliation for asserting a wage claim. BOLI likely will investigate any statutory violations. You should consult an experienced employment lawyer to thoroughly evaluate the facts and possibly assist you through the BOLI process.

The above is not specific legal advice but is offered for general discussion purposes only. Only a lawyer who has evaluated all relevant facts is in a position to provide specific legal advice. Consult an experienced lawyer for guidance on how to proceed.

posted Apr 20, 2011 9:56 PM [EST]

Answer to Harassment/Discrimiation

consult an attorney

Complex fact situations cannot be answered by email. You should consult an attorney with expertise in your area, and expect to pay for the assessment and advice.

posted Jul 4, 2004 1:37 PM [EST]

Answer to Employee access to employee file

Right to Inspect Personnel Records

Every employee has a right to inspect and copy his or her "personnel records." Those records are defined to include "those personnel records of
the employee which are used or have been used to determine the employee�s qualification for employment, promotion, additional compensation or employment termination or other disciplinary action." Any request to examine personnel records should be in writing and make specific reference to the statute, ORS 652.750. The text of the statute reads as follows:

PERSONNEL RECORDS

652.750 Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge for copies. (1) As used in this section:

(a) "Employer" has the meaning for that term provided in ORS 656.005.

(b) "Personnel records" do not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state or another state or the United States, confidential reports from previous employers or records maintained in compliance with ORS 351.065.

(2) At the request of an employee, the employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, those personnel records of the employee which are used or have been used to determine the employee�s qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. At the request of the employee, the employer shall furnish a certified copy of such records.

(3) Upon termination of employment, the employer shall keep the terminated employee�s personnel records for not less than 60 days. At the request of the employee, within the 60-day period or at any time if the employer has retained the records at the time of the request, the employer shall furnish a certified copy of such records.

(4) An employer may make only such charge for the services referred to in subsections (2) and (3) of this section as is reasonably calculated to recover the actual cost of providing the service.

NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

posted Sep 24, 2003 10:02 AM [EST]

Answer to Can my employer give my job away while I'm on FMLA?

FMLA Reinstatement

An employee who qualifies for FMLA leave is entitled to be reinstated into his or her former position or an equivalent position upon return. FMLA leave is limited to 12 weeks. Under the Oregon Family Leave Act (OFLA), the employee is entitled to be reinstated into her former position (reinstatement to an equivalent position is not adequate). The employer remains able to fill the position temporarily or to eliminate the position, so long as the elimination is not discriminatory. A demand to return to work at the competion of the medical leave, within 12 weeks of commencing the leave, is required.

posted Sep 19, 2003 10:01 PM [EST]

Answer to Company took another employees word over mine because she protected status and I am not

Race Discrimination

Race discrimination is illegal, even against whites. Proof of any discrimination case is difficult, however. The company is not required to be right in its decision to terminate, it need only act without discriminating against you because of race. You have a right to receive a copy of your personnel records, including those records which the employer used to make the decision to terminate. Those records might provide some evidence of discrimination.

The Oregon Bureau of Labor & Industries, Civil Rights Division, is available to investigate claims of discrimination. You may contact that agency by calling 503-378-3292 (Salem Office) or by visiting http://www.boli.state.or.us/contact/index.html. A lawyer also may be able to assist.

Good luck with your claims.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every urisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

posted Jul 1, 2002 1:44 PM [EST]

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