An employee is sometimes protected against retailiation for making reports of improper company conduct or improper conduct by another employee. While other laws pertaining to discrimination or retaliation may also apply, the key question in these cases is what constitutes whistleblowing. In Oregon, an employee may be protected for reporting either internally (within the company) or externally (for example to a government agency) a matter involving the company or conduct within the company that the employee believes is illegal. “Illegal” means that a law or agency regulation is being violated, or at least that the employee believes is being violated. (more…)

Probably everyone knows that Japan was hit by a magnitude 9 earthquake on the afternoon Friday, March 11, 2011, which was followed approximately 30 minutes later by a devastating tsuanami which carried a surging mass of water mud and debris, starting at least 10 meters high, up to 10 kilometers or so inland in some locations. Japan is suffering, and I have gathered some information on links to where people can make donations. Recognize that many people are now living in shelters in areas without any running water – even one guy that I played soccer with and who returned to Japan to live in Sendai was in a shelter at least a few days ago. While I think the nuclear threat is being overplayed in the media, it also has certainly has displaced many more people.

The Porltand Shookookai, the Japan America Society of Oregon, the Beaverton Sister City program and others locallyhave set up and are participating in the Oregon Japan Relief Fund. Please follow the link below:

http://www.mercycorps.org/fundraising/oregonjapanrelieffund

I will consider adding other organizations to this post.

I usually do not find opinions where the plaintiff and defense bar were presumably arguing the same basic position. But there is such a recent Oregon Supreme Court Opinion.

In Patton v. Target Corporation, Plaintiff alleged that he was demoted then fired by Target (more…)

The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010″ has now been signed into law. With regard to estate taxes, this law sets the estate tax exemption at $5 million through 2012. The tax rate on the non-exempt portion is 35%. But, it is unknown what will happen in 2013; the new law has a sunset provision, so without any changes by Congress, the estate tax exemption will revert to $1 million, at 55%, in 2013.

The Oregon Supreme Court issued an opinion on August 5, 2010 that a first year high school teacher who had been told that he would be discharged if he did not resign, and who subsequently quit, quit for good cause. Therefore he was entitled to unemployment. The case is McDowell v. Employment Dept., and a copy of the opinion can be found at http://www.publications.ojd.state.or.us/S056569.htm.  In this particular (more…)

Many businesses can benefit from the dedicated counsel service offered by Schrock Law Office PC. Businesses that do not desire to hire a full time in-house counsel as an employee still have the ability to retain dedicated counsel with broad knowledge of contracts, employment issues, technology law and intellectual property issues without incurring the burden of carrying a company employee. The service is for businesses that require on average at least 2 work days of dedicated legal service per month. Dedicated counsel service can be provided on-site or remotely, and will be packaged and priced dependant upon the client’s requirements and objectives.

Feel free to become a fan of the office (or "like" us) on Facebook.

Schrock Law Office PC

Promote Your Page Too

There is an unpublished opinion by the North Carolina Court of Appeals, filed May 18, 2010 shooting down defendant’s attempt to avoid the plaintiff in that action from proceeding on his wage claim lawsuit in Oregon. Steve Sawyer vs. Market America, Inc., http://www.aoc.state.nc.us/www/public/coa/opinions/2010/unpub/090922-1.pdf

(more…)

Under Oregon law, when approaching an emergency vehicle it has been the case that a driver must move over to an adjacent lane (make a lane change not adjacent to the emergency vehicle that is stopped and displaying warning lights, or reduce speed if making the lane change is unsafe. The big changes to the law are that the statute, ORS 811.147, has been amended effective January of 2010, and now a driver must also move over when approaching a “roadside assistance vehicle” that is stopped with warning lights (more…)

I have prepared a general wage claim article (under Oregon law) that is available at this link:  http://www.time4payroll.com/9Llaw.html