Fraudulently Induced Release of Claims Not Knowing or Voluntary

In case you were wondering, employers should not misrepresent the circumstances of an employee’s termination when obtaining a release of claims. In a recent case in Colorado, an employer told an employee who was out on medical leave and completely incapacitated, that it was having financial difficulties, needed to cut jobs, that her job was being eliminated,… Continue reading Fraudulently Induced Release of Claims Not Knowing or Voluntary

BOLI – Uber Drivers = Employees

BOLI issued an Advisory Opinion today that concludes that Uber drivers are employees, not independent contractors. BOLI used facts from California administrative and court cases to analyze whether the drivers were contractors or employees under Oregon’s six factor test. BOLI concluded that Uber drivers are employees because: Uber exercises a significant degree of control over driver’s actual work;… Continue reading BOLI – Uber Drivers = Employees

Oregon Shortens Term for Noncompetition Agreements

House Bill 3236 amends Oregon’s statute governing non-competition agreements for employees (ORS 653.295) to shorten the term of an enforceable noncompetition agreement from 2 years to 18 months from the date of an employee’s termination.  HB 3236 does not make any other changes to ORS 653.295.  The amendment applies to noncompetition agreements entered into on or before… Continue reading Oregon Shortens Term for Noncompetition Agreements

Office of Open Records, Not Open to hiring “Old” Candidate

The EEOC just sued the Commonwealth of Pennsylvania’s Office of Open Records for age discrimination. The agency allegedly refused to hire a well-qualified candidate who was over 40, graduated from law school with honors, and had 30 years of legal experience (which included 17 years with the Pennsylvania Human Relations Commissions) for a vacant appeals… Continue reading Office of Open Records, Not Open to hiring “Old” Candidate

AARP Wins Summary Judgment on Age Discrimination Claim

When you think about employers who might discriminate on the basis of age, the AARP is not a likely candidate. In fact, part of the AARP’s mission is to combat age discrimination in the workplace. The AARP’s mission did not stop a former employee from alleging that she was terminated because of her age. The 60-year-old employee had… Continue reading AARP Wins Summary Judgment on Age Discrimination Claim