Legal Question in Employment Law in Oregon

Bad Manager

My assistant manager falsely accused an African American man of stealing from our store. After e-mailing corporate to tell them my version of the story (required), she went back on the computer and looked over what I said to comment on it, and printed off what everyone said for all the employees to read. Is that legal?

Are we not allowed to discuss wages at work, and how much everyone makes?

It's against company policy to ask each other what race we are. My Manager has asked me several times ''what are you?'' and since I am one of the few minorities it makes me feel out of place. Is it legal to ask her not to bring it up?

My manager told me and others working that people who believe in scientology are crazy. She went on a rant about how scientologists are insane, because they believe in aliens.Is that legal?

My manager sometimes refuses to give employees their on the clock 10 min breaks, every four hours like required by OR law. She claims store policy is different. Is that even possible? (upper-end retail store)

My manager has not allowed people to request certain weeks off. (Back to School) Is that legal?

An associate constantly says racial remarks. My manager thinks it funny. I don't. Can she get fired?


Asked on 4/28/07, 2:49 am

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Re: Bad Manager

You've submitted a long list of improper conduct, some of which most certainly is illegal and others that may or may not be. Nothing prevents an employer from sharing information, such as statements about a shoplifting incident, and an employer may properly prohibit discussion of wages (though if wages are different due to race, that wage disparity would be illegal). It is not necessarily illegal to ask about race, but it is illegal to treat persons of one race differently than other races or to create a racially hostile work environment. Comments about Scientology are not illegal, unless they create a hostile work environment based on religion. It is illegal to withhold break time except in limited circumstances that likely do not apply to your employment situation. The employer is permitted to control when people take vacation or "weeks off." If the coworker's racial remarks are offensive and you report those remarks, the employer is legally required to make them stop.

Your fact situation is complex. You should seek the assistance of an experienced employment lawyer.

This is not specific legal advice, but a general comment on your inquiry. For legal advice about a specific question, you must establish an attorney client relationship with a lawyer and provide all the relevant facts and circumstances. Please also be aware that you may have only a limited time in which to commence an action to enforce your rights. If you intend to pursue a potential claim, consult an attorney without delay and establish an attorney client relationship. This exchange is not such a relationship, and this firm will do nothing to protect your interests.

Read more
Answered on 4/28/07, 12:00 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Oregon