Legal Question in Business Law in Oregon

My husband recently escaped his job of 14 years to work for an amazing company! Yay for that. His last job after giving his 2 week notice ended 5/4 did I mention how amazing that is! So his last company was very retaliatory, Most people know not to complain to HR for that reason. The past 6 years since about the time they filed for bankruptcy they started expecting employees to work off the clock to cut down on labor. They physically schedule people "at least at the last store" so they have no choice but to work off the clock if they are closing. My husband did take a picture of his schedule. The store closes at 10pm and they expect them to clock out at 10pm... The issue is they are still expected to count down the register, clean the store, take out bathroom trashes ect. while not being able to start these duties until 10pm. Seriously if someone wanted to do a sting and work there for a week to see what's expected this company would go down not only for making their worker work off the clock but the current manager was outright abusive. Gossiping about other employee's and calling them dumb asses and air breathers on a weekly basis … If this can be proven would be a be a basis for a class action lawsuit?

Asked on 5/08/19, 4:24 pm

1 Answer from Attorneys

Collin McKean Collin McKean

The facts as you report them suggest that your husband may have various wage claims based on his employment relationship with his former employer. Wage claims, under Oregon law, can provide the former employee with the opportunity to receive both damages plus statutory penalties and reimbursement of his attorney fees. In order to bring a class action against the employer, a plaintiff would be required to show in his pleadings 1) numerosity, 2) commonality, 3) typicality, 4) adequacy, and 5) notice. Our firm specializes in Employment law claims and can assist your husband in bring these claims against his employer. I am happy to discuss the matter for you at no charge at any of our three offices (Portland, Hillsboro, or Vancouver). You may schedule a consultaion with me by calling my Client Services department at 503-567-7967 and letting them know that Collin McKean offered that your husband would be given a consultation by myself or Sonia Montalbano (look her up, he last trial court verdict was for $15,000,000 in Multnomah County, OR) at no charge.

Thank you,

Collin McKean

p.s. Congratulations to your husband for his new job.

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Answered on 5/08/19, 4:37 pm

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