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  1. Is there a website people can use to find out if someone has a criminal record and not have to pay to see the results of the search?
  2. Hey all! My wife recently began working at a retirement home in their memory care facility. This company is a HUGE national chain. She has a BS in Health Science and Psychology and has several years of care giving experience. During her first full shift at this facility she witnessed an astounding number of instances that left her stunned. These included forcibly restraining residents to change their clothes, yelling at residents, and many other neglectful behaviors. She has written them up in a detailed letter because we feel that there is no way this should be happening. My question is, what is the best way to move forward? Should she talk to the facility director about this? If so, I believe that she would be protected from any sort of retaliation under OSHA's whistle-blower protections. We'd greatly appreciate any advice. Thanks P.S. Do dementia patients have the same "right to refuse care" as non-memory care patients and is it EVER acceptable to forcibly restrain patients (to the point of physical injury I might add) in order to change their clothes/shower/put to bed? In short, should this be reported and what may happen?
  3. My grandmother passed away last week and we are trying to determine if her estate needs to go through probate or what we need to do. She had about $110K in the bank plus a contract on a home she sold worth about $230K. She lived in Jackson County Oregon. The contract that she was holding is being serviced by a mortgage servicing company and needs to be transferred to the heirs. Her will states that all assets are to be split evenly between the 4 heirs. We are just looking for some direction on the next steps that we need to take.
  4. This may not be the right forum to post this question, however, I thought I would ask anyway. I am setting up a SIMPLE IRA for my small business and am trying to make any employee that has been with the company for at least 1-year eligible for the program. The way the IRS Form 5305 outlines eligibility requirements makes it difficult to set the requirements at a simple 1-year of service requirement. Unless I am interpreting it wrong, it is based on income in the previous 0, 1 or 2 calendar years... so, If I set it at $5000 in 1-calendar year, someone hired on December 1st 2015 making $5000 per month would become eligible as quickly as one month later on 01/01/2016. If I set it to $5000 in 2 preceding calendar years, that same employee would become eligible on 01/01/2017 which is what I would want... the problem is, if that same person was hired on 01/01/2016, they would not become eligible until 01/01/2018 which would be 24-months of service. $5000+ earned in 2016, $5000+ earned in 2017 (2 preceding calendar years), expected to earn $5000+ in 2018 (current calendar year). Am I looking at this wrong? Any other resource recommendations would be appreciated.
  5. If I am in a fixed term lease in Oregon and am evicted prior to the end of the lease due to a violation of the rental agreement (unauthorized pet), can the landlord still charge me rent until the property is re-rented? The property has been completely vacated and keys returned due to the termination.
  6. Hello, I know Oregon is a right to work state so I am not sure what can be done about this issue. My son was working at his current place of employment since he graduated from college and had been promoted and was really good at his job. A few days ago he was called into the office and shown a post on craigslist that said awful things about the business and about a few employees. It was written very unintelligently and did not sound like him whatsoever. There were a few uneducated unskilled workers who had been fired a while back and he felt it was likely one of them. My son by nature is a very honest and conscientious individual who would never do such a thing. He explained to his employer that he would never do that, he likes his job, and even logged into to his craigslist account to show his boss that the post was not associated with his account. He said his boss then began to threaten him physically and tell him he should take him out back and beat him up, other employees were allowed in the room and everyone began verbally attacking him. At this point he began to feel fearful that they might actually physically harm him. He was fired. He is extremely confused as to how you could be fired for something that there was no proof you did and even more so for the unprofessional way with which it was handled. He has no idea where to start or if there is anything to do. Any advice is appreciated, thank you.
  7. A year ago, I needed a roommate to help with expenses. I let my friend's brother, who had been living in his car for a year, to move in to my extra room. As I have only a month - to - month lease (which technically expired 2 years ago), I made no changes to the legal paperwork when he moved in. I did not charge him a deposit, either, only requiring that he pay current rent when due. I did get the permission of the landlord, who is very "hands off" in terms of property management (she collects the rent and makes emergency repairs, everything else is at the will and expense of the tenant). In June this year, my roommate decided to help a friend in a city 2 hours away by staying with the friend and his family for several months. He explained his intention of continuing to pay rent here and leave his things, including a car in my drive that has not run since a week after he moved in. We agreed to set up PayPal accounts so that he could pay the rent directly to me, as we pay the rent in cash (and get a receipt). He payed July's rent late due to problems with navigating PayPal and I got permission for him to mail the following month's payment directly to the landlord. He paid August late. The landlord did not receive a check for September until October, and that check did not clear the bank (it bounced) but the landlord did not inform me of this problem until October 22nd. On October 12th, the roommate texted to tell me he was giving me his 30 days notice to move out. I accepted it with well wishes. A week later he texted yo say his situation had changed and he might want to come back. I told him I would give him a week to consider, but received no reply. No check was recieved for October or to replace the bounced check (and fees). When my landlord told me about the bounced check (September rent) and the lack of payment (October rent) I texted to let the roommate know that the check for September had bounced and that no check had been received for October and that he would need to pay both amounts, plus late fees, in addition to November's rent. I recieved no reply from the roommate regarding this information. I texted, emailed, and used social media to request that he call me to discuss the situation. At the beginning of November he blocked my calls and removed me from his social media sites. The landlord agreed to begin legal action to get the title on the car he abandoned in lieu of the unpayed rent. Last week, I cleaned all of the things he left out of the room and stored them in the garage (a considerable amount of work as he didn't clean anything before he left). Today, I received a text from the roommate stating that he was kicked out of his friend's home and living on the streets. I texted back that i wasn't able to help, as he had not responded to my requests the previous month regarding rent. He is now threatening to take legal action against me (for what, I don't know). My question here is: what legal rights do I have regarding his access to my home and what should I do with his things, including the car that doesn't run (legally speaking)? How should I proceed?
  8. I have recently received a termination of tenancy with no shown case from my property management company. I am planning on filing a small claims suit against them for retaliation by landlord but I would like to find out if my claims are founded and if my damages are appropriate. Here's what happened: We live on a large property surrounded by trees, shrubs and big hay fields. In our lease we are responsible for caring for the yard maintenance, everything except tree and shrub maintenance. This is there responsibility. I have been asking for 2 and half years for the trees and shrubs to be taken care of because they are becoming large and over grown with some growing on to the house. I have this request in an email from a year ago stating it had been a year but no other evidence (my requests have been verbal). Two weeks ago a five started on the property in a brush pile while we weren't home, the fire dept cited that it was spontaneous combustion. The trees fueled this fire and many of them were destroyed. Thankfully the house was ok. When the property manager came to look at the damage (did not give 24 hrs notice) we got into an argument about the trees and told her that I wanted them taken care of immediately and expressed my dissatisfaction that it had not been addressed in years. I told her I wanted proper notice for the maintenance unlike todays visit. Her exact words were "you'll get your notice" two days later I received the notice of termination. I think this is to cover her bee-hind to the owner. We have lived in this home over 3 years with no other issues and never been late with rent. There would be no other reason for the termination other than the unkept trees that are no ruined due to the fire. On top of this she has supplied me with an altered copy of our lease (she altered) and I have the original which shows the copy she gave me was not the same thing my husband and I signed 3 years ago. As well as I feel she has violated my right to peaceful possession by coming on the property 2 times unannounced (one of which I have email proof of) and the 3rd time without proper notice after the fire. So my question is do I have a case? What are my damages considered? I am planning to ask for my full security deposit returned of $3450 and move out costs. I had a moving company supply me with an estimate for moving our home and it in $7200. I plan on asking for my state maximum of $10000 and seeing if I can get an extension on the 60 day notice. Please let me know if I am in line? I tried reaching out for the modest means program through the Oregon State Bar but we don't qualify and I don't know if this is worth paying a local lawyer $200 for a consultation.
  9. I am working on an agreement to have Principal Broker join our team as the managing principal broker. He would like to be on a 1099 independent contractor agreement, however, he will be responsible for reviewing all real estate transactions for our firm (and receive a commission from each). Based on this, both my tax preparer and my attorney has told me that he needs to be on a W2. They also told me that one person cannot be paid part of their compensation on a W2 and their commissions on a 1099. The Principal Broker said that his tax preparer told him this was allowed. If that is the case, can you share with me the best way to structure it? Essentially, he will be 100% commission, however, I want to make sure that the employment status is correct for the job functions.
  10. Hi I am 34, disabled and was basically harassed the other night. I use a cane to assist me because I have balance problems, I DO NOT take any narcotics (pain meds) although I do take a stimulant due to my narcolepsy, I have a medical card, bracelet and information about my meds and conditions with me at all times, I have been cleared to drive. (Although I do not at times because I am not comfortable), The other night I was stopped coming out of the store, and was told I was under suspicion for being under the influence. I was shocked of course,. To make this short, I went through all the tests, I was denied the use of my cane and glasses, I failed, and was told "I was high as a kite", they refused me a Breathalyzer, blood and Urine test when I asked. Instead of arresting me, they made me sit in the parking lot for 2.5 hours, and YES they did watch to make sure I did not leave. I am a WA resident but was in Portland doing some shopping. I asked if I could listen to my music and use my heat/massage pad on my seat, the officer said that was fine. So I am questioning first 1) Before they did any field sobriety testing I asked for a breathalyzer, and was told no, I then asked for a blood/urine test and again a Breathalyzer and was denied. 2) They denied me the use of my cane, and glasses during the tests 3) If you are under the influence, I always thought your keys COULD NOT be in the ignition... I am trying to find out some facts here. And am having a hard time getting straight answers from people, because they want to either 1) sue or 2) represent me. I am an advocate for invisible disabilities so any information would be greatly helpful. Thank you
  11. Swimming pools are usually one of the key features of a hotel that the guests, especially those with children, really look for. However most hotel pool and spas have no lifeguard on duty and generally post a highly visible sign that warns all guest that they are “Swimming at Own Risk!” You are the owner/operator of a franchise hotel under the Marriott brand. You have a guest who was in the pool area with his family, experiences a cramp and begins to drown. His family members finally pull him from the pool with the help of other guests in the area. He was unconscious for over 10 minutes and as a result has medical complications that make him unable to work anymore. When the accident was investigated, it was noted that the emergency phone by the pool was not working which delay getting EMT help. There was no hook pole in the area when it should have been, because the maintenance man removed it earlier due to the fact he had seen several children of the guest using as a play object and trying to grab other children in the pool with it. Therefore he removed in in the concerns of them injuring themselves or others. What possible types of Negligence might the hotel be dealing with in this case?Does the hotel have any valid defense arguments such as the warning sign being posted?What possible claims would the family have?
  12. Long story short: I purchased a used car in late November 2014 with the promise of a useful warranty should there be issues to address. As it turned out, there were issues and the warranty was far less effective than I was promised... I went looking through my papers to deal with the warranty issue (in the hopes of having it canceled) and I began to look over the purchase contract more closely and I realized I had paid $3,328 in "title and registration" fees. I thought this price was actually the warranty cost when I saw the financed total was a little higher than I thought it should be... In my limited research it seemed like the title and registration fees seldom go over $300 in Oregon.... which makes me feel like I was taken advantage of here. I had planned to address the warranty issue with the dealership - but this seemed even more pressing and questionable. Is there any remedy if I have been grossly over-charged for title/registration fees? Any advice is definitely appreciated.
  13. I rented an apartment in 11/14. When I initially moved in I needed a Money order to pay the prorated rent with. The max the MO went to was $1000 so I needed two of them to pay. One for $1000 and the other for $73. The following month I went to pay online at their website. It showed that I owe $927. It would not take any other amount. When inquiring with the Apartment management, they saw what looks like the $73 MO was recorded twice and not the $1000 MO. Showing I still owe $927. Copies of all the transactions show that I am correct and they agreed. It has now been six months and they still haven't corrected it. I have talked with them each month and they still can't get it right in their books. They are dealing with the bankers and the accounting firm, which they can't seem to figure this out I guess. Too make matters worse, I signed up for the automatic payment option which said it would take out the full amount of rent each month ($1239). It did not. The first month I signed up to it was this March. It took out the $927 only. I brought it up to management and paid the difference $312 by check to ensure I was caught up. I presented them with a file of all the copies and events that took place for them to look over once again. This month, the automatic payment it took out $2166, ($1239+$927) not the $1239 which I agreed to. Causing me to be overdrawn at my bank. Again, I discussed it with Apartment management. They are waiting reply with the accountants. I asked to talk with these people and the Manager said they wouldn't talk to me because I am not their client. I am frustrated with this and it has been six months. Now I am $927 in the hole, in which they owe me. How can I find out who is above this Apartment manager to get things straightened out? How can I force them to give my money back? Do I need an arbitrator or an attorney?
  14. My wife and I financed a car in feb 21st 2015. The following day, we noticed the engine light on and the car shifting hard/abnormal. We immediately took it in to a local jiffy lube and determined it was a transmission problem; code 90780 - shift malfunction. We called the dealer and told them what happened. They asked us to bring the car back. Their shop guy ran a diagnostic test and confirmed it was indeed a malfunction failure. He told us to wait a few mins. 5-10 min later, he said ok...everything should be fine. I asked what the problem was and he said it just needed a lil adjustment!! not really sure what that meant but he got the light to go off. Anyhow, we brought the van back home. the following morning 2/24/15 as we were headed to DEQ for an emissions test, we noticed that the engine light came back on. We decided we were going to take it anyways to run the test and get the report from DEQ so we can show it to the dealer when we took it back. So We did. Took the vehicle back to the dealer, told them we were still having problems with the transmission and showed them the emissions report from DEQ. After about a week later, the mechanic talked with us and came to a conclusion that the transmission was not worth fixing and that they would have to order a new one. now I assumed it would be a rebuilt since a brand new transmission would probably cost more than the car itself..which we were ok with. Anyhow, It has now been over a month. They had our car since 2/24/15. I called and spoke with the mechanic again and I told him how upset I was and that I find it very unfair that we now have to make a payment for a car that we never had a chance to drive...and somewhere during our conversation, he said that he has his guys working on it and that they are rebuilding it to make sure everything is working great. I said to him, I thought you told us instead of rebuilding the original, that you guys were putting in a new transmission. He immediately began stuttering and absolutely changed what he originally told us. He originally told us that they were going to take out the old transmission and put in a new one. So now he's lying to us. We have been going back and forth with the dealer now for a month. They never return our calls after leaving numerous messages. I know that this was an "As Is" deal, but after what we've been through, This has been the worst car purchasing experience ever and we just want our money back. probably won't happen but any advice will be appreciated!!
  15. Trustee and family didn't tell me my grandma had died and my son went to her funeral and they gave him her ring to give to me but he kept it.I didn't find this out until 3 months later.when I asked about ring nobody knew where it was.I was going to contest the trust for the where abouts of ring but was talked out of it with them stating maybe she lost it.she was old 97 yrs old.But 9 days later the trustee wrote me a letter stating she gave my son the ring stating she felt it would be safer than sending it through the mail and taking a chance it getting lost..I had 45% in the trust my children 15 %..Trustee already gave me part of grandma's wedding set upon my last visit and my great grandma's wedding set.everyone knew they were rightfully mine.my son only met my grandma 4 times I lived with grandparents 6 years..what do I do to get it back?
  16. My ex took our daughter across state lines I searched for two years till I got a call from a lawyer threatening me with all sorts of things if I do not sign papers for my daughter to go to Germany I knew this was going to happen because this step dad is in the military and I had already made my mind up that id let my baby girl go as long as we could establish visitation such as a phone I could contact her at and the address over there along with anytime they are back in the states I get to see her I finally got an address to meet them to go to her attorneys office to have everything signed and the plans drawn up I stupidly signed the papers and handed them to her she immediately picked her phone up called the lawyer and FIRED him she told me it would be too long to go there and do all that when all we had to do was sign these papers she must have spaced out the other stipulations I said needed to happen unfortunately I didn't know what to do and withen a couple days they where gone that's been six years ago and I haven't herd from my baby girl since the sad part is I asked my daughter if she knew who I was because she was young and she said mom says your my uncle and dad (step dad) says he doesn't like you I was blown away. its now been six years since ive seen or talked to my daughter. this summer I got a small anonymous hint that they where at ft hood tx so I actually flew down there on a hint and I actually found them so before they could move I petitioned my fathers rights of visitation in the state of texas I am a single father I have full legal custody of my son from another relationship since he was 6mos. old hes now 14years old. so that should ease any ones mind that I am and always have been a fit parent I feel anyone giving me info should have the full story so there it is. my question is Does this qualify as kidnapping, alienation basically what can I do. my ex and I where never married we both agreed to rais her equally and custody should be split custody please from a loving father if you can help PLEASE do thank you for reading
  17. I was garnished today. They took a total of 1695.00 in 2 transactions. The money was not from income. I ran an adult foster home, it was an over payment by the state (but this not taxable money anyway)..can they take non taxable income? Or an over payment that would be scheduled to be sent back? it really was not my money. The other thing is, I am currently unemployed. So they took everything I have. I am assuming I cannot get it back? Should I have gotten a notice I was being garnished?
  18. My Grandmother's trust was formed in Oregon. She passed away in 2002. Her 3 children are the beneficiaries of the trust. One of her children is the trustee. At this point in time, the beneficiaries of the trust (all of them) would like to dissolve the trust. There is one piece of commercial still in the trust that the beneficiaries would like to transfer out of the trust to a corporation. The commercial property does not have any debt. There is a lawyer that my Grandmother used to put together her trust. The beneficiaries do not wish to use that lawyer. My question is this. Once the property is transferred/re-titled in the name of the corporation, does any sort of legal document need to be filed with the court to dissolve the trust.? If so, does anyone know where I can get such a legal document?
  19. I have a car that has been left on my property for 10+ years by a previous roommate. I would love to fix it up but was wondering how to get the title. I have no paperwork on this vehicle. Thank you for any advice you may have.
  20. Hello, I need help assessing damages for my injury. I was in a restaurant/club after 9:00 where they had a small removable platform on a slick dance floor that moved out from underneath me. Oregon building code requires this to be permitted and was not. I broke my tibia, fractured fibula and cracked my ankle. They basically threw me out, I was in shock, my husband carried me out and to ER. Almost two years later and still have physical therapy and not getting better. I have persistent pain in my knee leg and ankle from the ORIF surgery to put the rod in my leg. I was very outdoors oriented before. My husband and 8 yr old son do everything together, now I cant do 25% of the hunting, fishing, camping, hiking, or even think about jogging like I did before. This has changed life for all of us everyday. I need some help assessing what my loss is worth in court. So far my attorney is only talking about recovering medical and that's it. I am so frustrated that they don't seem to see my pain and loss as it really is. Can anyone give me some information, case law, verdict examples, or anywhere I can do my own research to find out the range of settlement I should be asking for. Not looking for a number, just some advice and a direction.
  21. I have a tenant that moved into my house, signed a rental agreement for all deposits and rent amount. The deposit included a pet deposit for a dog that they have. They could not afford to pay all the deposit upon move in, so an addendum was added for them to finish paying off the deposit. They have lived there for a month, and now they are trying to tell me that their dog is a service dog. They never mentioned that to me before and signed the rental agreement that showed the pet deposit, and they have a pet with no letter. I know in the state of Oregon one cannot be denied due to a service animal as long as it is for a disability, but the tenant is trying to tell me that they do not have to pay the pet deposit. supposedly they have a letter, but I have not received it. I need some help with this one please. thank you
  22. My business partner has been charged with this crime- she left the adult foster home of which she is the DHS licensed Provider and part owner (in Oregon) during the night when she was the duty caregiver, a resident required medical assistance, the police were called, the resident was taken to hospital for the night then returned the next day, my partner was arrested and charged. She did not contest the charge. A court date has been set for next month. It seems that the charge with its felony classification and 5 year jail term is unnecessarily harsh for this particular situation. 1. Are there minimum sentencing requirements for this charge? 2. Is there any chance of getting the charge reduced to the misdemenour "Criminal Mistreatment in the Second degree" before or at her court appearance? 3. If so how to go about accomplishing this? and 4. What is the sentencing range for the "Criminal Mistreatment in the Second degree" Charge?
  23. I live in Idaho and have children living in Oregon with their Grandmother. I went to prison in 2007 and gave her parental power of attorney to be able to take care of my kids. While in prison she filed for guardianship. Since this time I have served my time and am no longer involved in any type of legal issues. I have recently found out that my children are not doing well, especially my son. My childrens ages are 13 and 9. Both have said they want to live with me. When I visited I witnessed many things that were not right, and was told that this was nothing, only the tip of the iceberg. My son has been getting into trouble and isnt getting the help that he actually needs. The Grandmother puts on a front to everyone about how well these kids are taken care of. They have everything in clothes etc. but they are being mentally and emotionally abused by being told that I am not their mother, my daughter was a mistake and unwanted, I dont want them, etc. My son is suicidal and is desperate to come home to me. I have no idea what to do. My motherly instincts are to go and take them, but that is not the answer as it would only serve to put me back in prison and my children back with her. I called DHS when she kicked him out in the middle of the night and they said there was no reason to do anything. The Grandmother is very good at manipulating the situation to make it look like she is "perfect". She claims he ran away, the parent of his friend who found him says different along with the fact that his drunk uncle is threatening him about when he gets home. I witnessed the hell my kids are dealing with especially my son. His uncle is constantly intoxicated and she leaves them with him. He puts his hands on him constantly. I feel as if I cant help my kids when I should be able to take them out of this situation. I dont know how to make these people see what is really going on with my son. Or how to keep in contact as she has now shut off the home phone and internet and only kept her cell and makes it very difficult to talk to them because she wants to tear me down in front of my kids and limit the phone calls and what they are allowed to tell me. I NEED HELP!!!
  24. We've always known that if my stepson chose to attend college that child support for him would continue until he was 21. The child support is collected via the Oregon Department of Justice (parents never married, dad never allowed to see kid, dad lived out of state and also incarcerated). However the law says the child is required to notify the non-custodial parent of his intent to attend college prior to his 18th birthday (May 10th). Stepson graduated from high school June 6, came to visit us in Florida for 10 days, said he wasn't going to college except to take classes here and there at automotive school. I also found something else that if the DOJ is collecting the support that requirement is different under their rules. Stepson also inherited 60,000 in 2010 from a family friend to be used expressly for his college fund. We don't have a copy of the will, but my understanding from "Mom" was that the family friend felt sorry for the stepson (Mom has been on welfare throughout the child's life), and wanted to give him the opportunity to attend college. We have a cousin who lives in Portland who can get a copy of the will (if I can remember the guy's name). Oregon law states child support is to be paid to the child instead of the custodial parent. My husband called Oregon Child Support the other day to inquire about stopping his current support so that his payments are applied to the arrears that he owes from being incarcerated. He was informed by the case manager that his son did indeed send a letter to the DOJ of his intent to attend school. We have no information about where he is going to school, whether it's half time or full time, or anything. Right now we intend to file an objection (not that it will do any good), but doesn't the fact that his stepson has a huge amount of money for college come into play here? Also if he attends school half time, that gives him the ability to work part time or full time. He told his dad he was planning on getting an apartment with friends in Eugene. If he does that, and uses his little trust fund to pay the rent, doesn't that prove he's emancipated? It amazes me that people have still figured out a way to work the system. Oregon doesn't even require passing grades to receive the support, only "satisfactory" ones.
  25. QUESTION: Am I eligeble for child support payments from the date the father walked out until the date prior to the start of the court ordered child payments? HISTORY: My divorce is almost complete & I have a quesiton reguarding back child support based on the following timeline of information: Sep 4, 2012: Father walked out the house without prior notifcation. Jan 6, 2013: Father served divorce papers. Jun 1, 2014 is the date on divorce papers indictating the start of child support payments. NOTE(s) 1. We had a settlement conferance on April 10, 2014. The father did want to pay any back child support and has not paid any since the day he walked out. 2. I went to the local child support office and they could not help me because of the pending divorce process. 3. I have a lawyer that has not been too helpful in getting answers to my question. Thank you in advance for your answers to my question. PAW1966
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