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Q: Court decisions upholding Implied Employment Contracts in Oregon ( No Answer,   0 Comments )
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Subject: Court decisions upholding Implied Employment Contracts in Oregon
Category: Business and Money > Employment
Asked by: trackman-ga
List Price: $40.00
Posted: 03 Aug 2004 17:02 PDT
Expires: 06 Aug 2004 06:36 PDT
Question ID: 383151
I need information regarding recent court decisions in the Portland
Oregon area related to "implied employment contracts" between and
employer and an employee.

- "Recent" is defined as to those in the last 5 years

- "Implied Contract" should be defined as a verbal committment for
position and/or term and/or compensation made by one or more of the
business owner(s)/shareholder(s)/board of directors/senior management
of company

- Preference would be where the court upheld in favor of the employee
having an "implied contract" from the employer with the terms of
settlement/award to the employee

Clarification of Question by trackman-ga on 03 Aug 2004 17:11 PDT
Some additional specifics - The implied contract was made verbally, on
several occasions directly from the owners of the company to me. 
Discussions also occurred from the owner(s) of the company to several
other employees specifically about the committment they were making to
me.  I have some supporting documentation in the form of Board Meeting
Minutes (unsigned) and a drafted employment agreement (also unsigned)

Clarification of Question by trackman-ga on 03 Aug 2004 17:22 PDT
More Clarification - My current status with this employer is a
question as well.  I initially entered into an agreement with them in
March of 2003 on a projected three month contract responsible for
managing the relocation of the company.  After completing the
relocation of this company I stayed on and have since managed several
aspects of their business.  As of my initial contract with them, I
refrained from working for any other company.  I have been averaging
in excess of 30 hours per week for the 16 months I have been employed
by them.  I believe the state of Oregon recognizes this relationship
as an "employer/employee" relationship, not an independent contractor
relationship.  I manage other employees of the company, the company
provides my office and all tools to complete my responsibilities.  To
this date, the company has elected to not put me on payroll, pay
associated taxes or offer me health insurance benefits.

To further complicate the issue, the verbal committment was made to
remove the current President of the company (a 25% owner) and fill
that position with me as a full time employee.  That committment has
since been overturned by the owners in favor of keeping their Brother
in this position.  Would this be viewed as a breach of my Civil Rights
on the terms of discrimination related to actions related to family
members in a private business?
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