Best Employment Lawyers in Salem

FAQs

• What is the non-emergency contact number for the local police station in Salem, Oregon?

  The non-emergency line of the Salem Police Department is 503-588-6123.

• Where can I get a copy of police reports for incidents related to my case in Salem, Oregon?

  Police reports must be primarily obtained through online methods by making a request at the Salem Public Records portal: https://salemor.govqa.us/WEBAPP/_rs/(S(jlxj02t0ybzysi0cqdyclbra))/supporthome.aspx. If this is not possible, request the report in person or by fax to: Salem Police Department Records Section 333 Division ST NE • 97301 Fax number: 503‑588‑6329 Phone number: 503-588-6144

• What penalties can an employer in Salem face if they violate final paycheck regulations?

  Employers in Salem may face penalties such as eight times the payment of an employee's regular wages. They could also face a $1000 civil penalty and be ordered to pay the case costs, attorney's fees, and relevant interest. To avoid these penalties, employers must follow Oregon law's strict requirements regarding the final paycheck of an employee who has resigned or has been fired, or laid off.

• What are some scheduling laws employers in Salem must adhere to if they are from certain industries?

  Employers in Salem from industries such as hospitality, retail, and food services and have more than 500 employees around the world must adhere to several scheduling laws. Some of these laws include giving estimates of work schedules, providing these in advance, and offering prompt notice for any changes. Employers should also allow employees to request any schedule preferences and avoid giving shifts previously not included in the schedule.

• Can an employer in Salem terminate an employee during a flu pandemic?

  Yes. An employer in Salem may lawfully terminate an employee if there is a pandemic but not due to reasons of retaliation or discrimination. An example of discrimination reason may happen when an employer terminates only Asian employees during the pandemic for economic reasons. An example of a retaliation action from an employer occurs when the employer terminates an employee for reporting an OSHA violation of not following pandemic guidelines.

• What are the two types of workplace harassment in Salem?

  Hostile work environment and "quid pro quo" are generally the two types of harassment that may happen in Salem. A hostile work environment happens when an employee suffers commonplace or harsh harassment from a supervisor, client, or co-worker. It is more common compared to quid pro quo which is a type of sexual coercion in exchange for some sort of benefit.

• Are there laws in Salem that compel employers of a domestic violence victim/employee to provide protection?

  Yes, state law ORS 659A.280 to 659A.290 compels employers to reasonably protect the safety of their employees who are victims of domestic violence, stalking, and sexual assault. Under this law, employers must accept victim/employee requests such as work transfers, protected leave, and confidentiality accommodations. If the employer violates these laws, the victim-employee can file a complaint with the Salem Office of the Bureau of Labor and Industries (BOLI) at 3865 Wolverine St NE, Bldg E-1 Salem, OR 97305. BOLI's email address is BOLI_Help@boli.oregon.gov and the phone number is 971-245-3844.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.