Frequently Asked Questions
Do you give free consultations?
We typically conduct an initial assessment consultation by email and/or telephone without charge. If we determine we might be able to assist, we will invite the potential client into the office at which time the consultation fee will be determined.
Do you take contingency cases?
Depending on the type and merits of the case, a contingency arrangement may be appropriate. Contingency is determined on a case by case basis.
Are you willing to coach clients who want to represent themselves?
An important part of our work with many clients is the development of a strategic plan in which we sketch out what role is better suited for the client on his or her own, and what is better suited for an attorney's direct intervention.
I work at a restaurant and my till came up short by about 7 dollars. Can the employer force me to pay it back?
A till shortage legally may subject the responsible employee to discipline, but the employer is not entitled to have the employee pay back the shortage. To do so is an illegal deduction from wages, which may subject the employer to liability for damages or a penalty, plus attorneys fees.
What does "at will" mean?
Employment in most states is generally "at will." This means that an employer may end the employment relationship at any time for any reason, except for a reason that has been declared illegal, such as age, race, sex, etc. Employers often try to cover up an illegal termination by claiming the employee did something wrong, however. This is called a "pretext."
What are my rights if I am injured on the job?
Oregon provides certain rights to employees who are injured on the job. Most Oregon employers are prohibited from discriminating against employees because of such injuries. In addition, many Oregon employers must return injured workers to their former positions when they are able to perform them. Even more employers have an obligation to return employees to suitable positions when they are not able to perform their former jobs but can still perform some positions.
I have worked for a company for 20 years. 4 Years ago I was diagnosed with Diabetes and recently started taking insulin. I work under a union contract that states when meal periods are. My immediate boss informed me I can only eat during designated meal periods. Bosses are targeting people who eat out of established eating times for discipline. What are my rights?
Diabetes can be a disability entitled to reasonable accommodation by the employer. This means the employer may be required to bend rules to allow an employee to deal with a disability. I was fortunate to take a diabetes case to the Ninth Circuit Court of Appeals in which the court found that, for a person with diabetes, eating is a "major life activity" warranting protection as a disability. Disability discrimination and accommodation cases can be extremely complex. Crispin Employment Law have substantial knowledge and experience in disability discrimination law.
Can I return to my job when I return from active military duty?
Employees taking time off for military duty or who wish reinstatement to their former jobs when they return are protected by federal law. One type of leave allows current employees time off for active duty or to comply with "reserve training obligations," such as the Army Reserve or National Guard duty. Returning veterans are also guaranteed reinstatement rights in most cases.
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.
For more information or to consult with one of our qualified attorneys, please call us at 503-293-5770 or send us a brief message.
These materials have been prepared by Crispin Employment Law for information purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Internet subscribers and on-line readers should not act upon this information without seeking professional counsel.