<![CDATA[Portland Environmental and Real Estate Law Blog]]> tag:www.northwestlaw.com,2013-03-21:/blog/11515 2015-09-28T12:09:32Z Movable Type Enterprise <![CDATA[Responding to a sexual harassment complaint against you]]> tag:www.northwestlaw.com,2015:/blog//11515.1749869 2015-09-28T12:10:32Z 2015-09-28T12:09:32Z Sexual harassment in the workplace is something that can cripple an organization. Over the past few weeks, we have given employers some tips for dealing with complaints of sexual harassment. One point that we haven't yet discussed is how to handle complaints of sexual harassment when they are made against you.

If an employee accuses you of sexual harassment, you can't ignore the complaint. Instead, you must follow the same guidelines as you would follow if the complaint was made against another person. As a manager, supervisor, owner or person of authority in your company, you have to ensure that you are protecting the interests of the company.

]]> When you learn of a sexual harassment complaint that is against you, your first action must be to listen to the entire complaint. It is vital that you stay calm and open-minded. This can help you to respond to the complaint accurately.

Once you know the basis of the complaint, you can consider your own actions. It is possible that something that you don't consider sexual harassment makes someone else in the organization feel uncomfortable. In that case, determining a way that you can change your actions might be appropriate. You can consider the sexual harassment complaint a learning opportunity.

There are some instances in which there is no easy answer to a sexual harassment complaint about you. Learning about the legal options you have and having a third-party look into the claims might help your company. This is especially true if you are facing litigation based on complaints regarding sexual harassment.

Source: Chron, "How to Respond to a Harassment Complaint at Work," Beth Greenwood, accessed Sep. 28, 2015

<![CDATA[Tips for dealing with sexual harassment complaints]]> tag:www.northwestlaw.com,2015:/blog//11515.1743393 2015-09-23T11:08:33Z 2015-09-23T11:07:33Z Over the past few weeks, we have discussed several factors about how you should deal with a sexual harassment complaint that is made by an employee. Most of the information in those posts was regarding the steps you should take to address the complaint. It is equally as important that you react in a suitable manner to the complaints.

When an employee comes to you with a complaint of sexual harassment, you shouldn't get upset with the employee voicing the complaint. It might help to remember that the complaining employee is the victim if the complaint is factual. Keeping calm and not reacting with anger can help to protect your company from claims of retaliation.

]]> Once you have heard the complaint, you should keep an open mind. This is especially true if the complaint is against an employee who has always been a good employee. Don't assume that there is no factual basis to the complaint of sexual harassment based solely on who the complainant is or who the accused person is.

As you go about handling the complaint, you should consider the possibility that government agencies might be called in. It is possible that the complainant might file a complaint with an appropriate government agency. If that occurs, it is vital that you cooperate with the agency officials.

There are some instances in which the answer to the sexual harassment complaint is clear-cut. In other cases, the truth might not be so easy to determine. Understanding your legal duties to the complainant and the accused party might help you to plan your steps as you complete the investigation.

Source: Nolo.com, "How to Handle Discrimination and Harassment Complaints," accessed Sep. 23, 2015

<![CDATA[Protect employees from retaliation after harassment complaint]]> tag:www.northwestlaw.com,2015:/blog//11515.1731967 2015-09-14T12:44:35Z 2015-09-14T12:43:35Z Employers must respond to sexual harassment complaints in a manner that meets the standards for investigation. A thorough investigation and appropriate actions can help to protect your business, let employees know without a doubt that sexual harassment won't be tolerated, and that all complaints are taken seriously.

In a previous blog post, we discussed briefly some of the steps that must be taken in response to a sexual harassment complaint. One important step in that process is to assure the person who filed the complaint, as well as those who are interviewed during the investigation, that retaliatory actions won't be tolerated.

]]> A retaliatory action is any adverse action that is made because of the sexual harassment complaint. This can include demoting, firing or denying a promotion to an employee who files a complaint or participates in the investigation. Incorrect or unusually harsh evaluations and increased surveillance on an employee can also be considered retaliation.

When it comes to a sexual harassment complaint, it is best to keep the accused and the complainant away from each other. This is a delicate matter because how you handle it might be construed as retaliatory. If you have to send one of the involved employees home while the investigation is done, be sure to explain that you are only doing so to keep the peace. The employee should be sent home with pay. The same is true if you have to change an employee's schedule.

There is a fine line that employers must walk when a sexual harassment complaint is made. If you are unsure of how to handle any aspect of the investigation, complaint or resolution, you should seek out answers to your questions before you take any actions.

Source: Workforce, "How Not to Respond to a Harassment Complaint," Jon Hyman, accessed Sep. 14, 2015

<![CDATA[How should I react when an employee files complaints?]]> tag:www.northwestlaw.com,2015:/blog//11515.1725973 2015-09-09T05:53:41Z 2015-09-09T05:52:41Z Our previous two blog posts have been about how to respond to a complaint about sexual harassment in your company. The steps you take after the complaint is made are all important. Just as important is your reaction when you learn of the allegations.

Should I promise the complainant that confidentiality is guaranteed?

]]> You shouldn't make any promises about the confidentiality of the complaint. As we discussed last week, you may have to conduct interviews of witnesses and of the person who was accused. This can make it difficult to maintain total confidentiality. Instead of promising confidentiality, you can promise that you will give the complaint a priority status.

How should I react when the complaint is made?

A person who was the victim of perceived sexual harassment may be shaken up. Because of this, you need to give the person a listening ear and reassure him or her that you will investigate the complaint in an effort to keep the workplace free of harassment. In some cases, offering an employee time off of work if the employee is visibly shaken might be appropriate. If you do this, make it clear that you aren't sending him or her home as punishment since you don't want it to seem like you are retaliating against the employee because of the complaint.

You never want your workplace to be a place that is known for allowing sexual harassment to occur. You also don't want to become known as someone who is unsympathetic toward victims of sexual harassment or someone who reacts to sexual harassment complaints in a knee-jerk manner. Instead, carefully think about what you are going to do now so that when a sexual harassment complaint comes in, you can react in a calm manner.

Source: Global Post, "How to Respond to a Harassment Complaint at Work," Ruth Mayhew, accessed Sep. 09, 2015

<![CDATA[Respond in the proper manner to sexual harassment complaints]]> tag:www.northwestlaw.com,2015:/blog//11515.1722190 2015-09-04T03:17:19Z 2015-09-04T03:16:19Z As we discussed last week, sexual harassment complaints have to be handled right away. Any delays in sexual harassment investigations can lead to serious problems for the business. When you address any sexual harassment complaint, you must ensure that you take the proper steps.

One of the most important things you can do when you are addressing a sexual harassment complaint is to document everything. By documenting everything you do, you are taking a step to keep the company protected. If an employee opts to take legal action against your company, accurate documentation can often help you in the case.

]]> Once the complaint is received, you should assign the investigation to a staff member. This person should be an impartial party who knows the laws and the company policies on sexual harassment. This is the person who will conduct interviews and provide you with a report at the end of the investigation.

The staff member who is handling the investigation must create a plan for the investigation. This should include interviewing the complainant, the accused and any witnesses who might have seen what happened. Checking the area in which the alleged harassment occurred is another step that might be necessary.

As people are interviewed, it is vital to let them know that retaliation won't be tolerated. Letting them know that any perceived retaliation should be reported immediately is also important.

Once all the steps of the investigation are completed, a determination must be made. That determination must include whether the harassment occurred. If the investigation finds the sexual harassment occurred, appropriate action must be taken.

Your company's sexual harassment policy should be clearly displayed. Reiterating the policy after a complaint is filed might help employees understand that you are serious about preventing sexual harassment in your company.

Source: About.com, "How to Address an Employee Sexual Harassment Complaint," Susan M. Heathfield, accessed Sep. 03, 2015

<![CDATA[Employers must take appropriate action after harassment complaint]]> tag:www.northwestlaw.com,2015:/blog//11515.1706631 2015-08-25T13:15:38Z 2015-08-25T13:14:38Z Employers have to take complaints of workplace harassment seriously. While it is impossible for an employer to control every action of every employee, it is vital that every company has an established plan to deal with workplace harassment complaints. Under no circumstances should an employer ever ignore complaints of harassment because the consequences of doing so can be dire.







<![CDATA[Storm water runoff and drainage litigation is often complex]]> tag:www.northwestlaw.com,2015:/blog//11515.1700538 2015-08-19T18:14:54Z 2015-08-19T18:13:54Z Taking care of the environment is something that is a major concern. For many businesses, and some individuals, the environmental concern has special effects. In some cases, concern for the environment places a burden on a property owner to ensure that pollution from runoff and drainage doesn't become an environmental concern.

We know that having to deal with state and federal agencies about storm water runoff and drainage issues might be taxing. While we understand the reasons certain environmental laws have been enacted, we also know that it is still important for you to be able to do business.

]]> If you are facing enforcement actions or lawsuits because of storm water runoff or drainage issues on your property, we can help you to determine a solution for the issue. We can help all businesses from startups to large corporations to ensure they are complying with the current laws. If there are any issues, we can help you to learn how you can correct the issues.

One of the best ways to avoid legal issues resulting from drainage and storm water runoff concerns is to stop problems before they come up. In some cases, the previous property owner might have let the issue get out of hand. If that is what is happening in your case, we can help you to hold those people accountable for their actions.

The legal issues concerning environmental protection can be very complex. Dealing with them properly sometimes involves calling in the experts. We can help you to get what you need together, including experts if necessary, to handle these types of issues.

<![CDATA[The Supreme Court hears only a fraction of cases each year]]> tag:www.northwestlaw.com,2015:/blog//11515.1689821 2015-08-12T00:59:52Z 2015-08-12T00:58:52Z When someone isn't happy with a decision by a court, they will sometimes say they will take their case all the way to the Supreme Court. That is exactly what happens in some cases, but in other cases, the Supreme Court won't hear that particular case. Learning about how the Supreme Court decides which cases to hear might help take some of the mystery out of the process.

In order for the Supreme Court to hear a case, the issue at hand must either fall under federal jurisdiction or pertain to a federal law. If the case pertains to state law or is comprised of parties from only one state, the chance that the Supreme Court will hear the appeal is very slim.

]]> The Supreme Court usually only hears cases that would resolve a conflict of law, cases that are important, cases involving prior Supreme Court decisions that were disregarded by the lower courts and cases that the justices find interesting. Other than those guidelines, it isn't known for certain how the justices decide which cases to hear.

Appealing to the Supreme Court is done by filing a petition of certiorari, which is the document that the Supreme Court uses to determine if the case will be heard. Once this petition is received, a clerk reviews the document. The clerk then prepares a summary and recommendation for the justices. If the justices decide to hear a case, a writ of certiorari is issued.

The Supreme Court hears around 80 cases a year. That is only a small fraction of the estimated 10,000 petitions of certiorari they receive each year. When you consider those numbers, it is easy to understand why a petition of certiorari must be properly presented.

Source: FindLaw, "How Does the U.S. Supreme Court Decide Whether to Hear a Case?," accessed Aug. 11, 2015

<![CDATA[Employment disputes take time away from your business]]> tag:www.northwestlaw.com,2015:/blog//11515.1685276 2015-08-06T09:57:32Z 2015-08-06T09:56:32Z We have discussed a variety of employment contracts on this blog. Many of those employment contracts serve to protect the employer from having trade secrets leaked to competitors. Those types of employment disagreements aren't the only ones that employers have to deal with.

We know that you have a company to run and don't have time to waste with employment disputes. We can help you resolve employment disputes stemming from a variety of causes. We treat each case in a manner that takes the considerations of that case into account. You can count on us to investigate the dispute so that we can present you with the options that are available.

]]> Confidentiality agreements, wrongful termination disputes, employment contract disputes, non-compete agreements, trade secret litigation, embezzlement claims, defamation, discrimination and severance issues are some of the employment disputes you might come across. We can help you explore your options to deal with each of those. We don't take a one-size-fits-all approach to these cases, Instead, we look into the facts of each case so that we understand what needs to be done.

We understand that litigation isn't ideal for your company. We do what we can to help you get your employment disputes resolved without having to go to court. If we are unable to get your case settled without litigation, we will work to prepare your case for litigation.

We work aggressively to represent your interests throughout the employment dispute. We know that your time is valuable, so we handle the legal work while you focus on building or running your business.

<![CDATA[What should I know about deadlines for Oregon civil appeals?]]> tag:www.northwestlaw.com,2015:/blog//11515.1672443 2015-07-28T03:13:20Z 2015-07-28T03:12:20Z In our past few blog posts, we have discussed some common contracts that employers can use in an effort to keep their trade secrets from getting into the hands of competitors. If you recall, we have discussed how it is sometimes necessary to head to court to enforce those contracts. These civil cases might end up leading to an appeal if you don't agree with the court's decision. Understanding some of the basic points regarding appeals in Oregon is vital in those cases.

When must an appeal be filed?

]]> An appeal can be filed within 30 days of the date that the court's decision is entered into the register for the trial court. If this deadline has passed, the Court of Appeals won't be able to consider your case.

How is the date of the appeal calculated?

For the purpose of the filing date, there are two options that you have for ensuring compliance. The first option is to make sure that the Office of the Appellate Court Administrator has your appeal in hand by the deadline. The second is to make sure that the appeal is sent via the United States Post Office on or before the deadline. If you send the appeal via USPS, it must be sent registered or certified in order to meet the requirements.

The filing of an appeal in Oregon is very technical work. You have to make sure that you have completed all required information or the appeal might not be considered. Making sure your appeal meets the standards might mean asking someone familiar with these forms to complete them on your behalf.

Source: Oregon Judicial Department, "Information on Filing a Notice of Appeal (Circuit Court Civil)," accessed July 27, 2015

<![CDATA[What is a non-competition agreement?]]> tag:www.northwestlaw.com,2015:/blog//11515.1658534 2015-07-22T16:24:31Z 2015-07-22T16:23:31Z Keeping trade secrets from getting into the hands of competitors is a priority for many employers. Over the course of the last two blog posts, we have discussed some of the methods used to keep these secrets from getting out. If you recall, we discussed non-disclosure agreements. Another tool that employers can use is the non-competition agreement.

What is a non-competition agreement?

]]> A non-competition agreement serves to keep the employee from being able to work for a competitor. This agreement must have certain elements present in order to be legally valid. Generally, the court will consider the scope and the duration of the non-competition agreement if the validity comes into question. The scope and duration, and even the geographical limitations of the agreement, can't place an undue hardship on the employee if he or she leaves the company in search of a new job.

What considerations have to be factored into the agreement?

The agreement has to be supported by an incentive for the employee, must protect a specific business interest and contain reasonable conditions. The incentive for the employee can be employment if the agreement is signed when employment is offered. If the employee is already working for the employer, a new incentive must be included. Simply saying that the employee has to sign the agreement in order to keep working for the company isn't a valid incentive. A valid incentive would be something like a promotion.

With all of the considerations that go into ensuring a non-competition agreement is legally valid, it is easy to see why a person would need to ensure that the contract is a valid one. This is true for employees and employers. If a need to question the agreement does come up, doing so in court might be necessary.

Source: FindLaw, "Non-Competition Agreements: Overview," accessed July 22, 2015

<![CDATA[What is the purpose of a nondisclosure agreement?]]> tag:www.northwestlaw.com,2015:/blog//11515.1645277 2015-07-16T02:35:48Z 2015-07-16T02:34:48Z Last week, we discussed how important it is that business owners keep their intellectual secrets from getting out to competitors. As we discussed, some business owners use nondisclosure agreements to help keep trade secrets protected. Learning about nondisclosure agreements might help some small business owners decide if these contracts are a good option for their business.

Why should I have employees sign nondisclosure agreements?

]]> A nondisclosure agreement is a tool for business owners to stop employees and former employees from discussing trade secrets and other information that they learn during the course of their employment. This type of agreement is signed by the employer and contains a variety of information that governs the employee's actions and their ability to discuss matters pertaining to the company.

What should be included in an NDA?

The nondisclosure agreement must include information about what is information is confidential. This must be clearly spelled out, but not to the point that the confidential information is actually included in the agreement. For example, if lists of clients are all confidential, simply stating "client lists" is sufficient. You don't have to include the actual client lists in the agreement. The NDA should also include what information isn't considered confidential. Time limits, duties and obligations of the employee pertaining to the confidential information are also included in the NDA.

Making sure that an NDA is legally valid is vital because the NDA would be your basis for filing legal complaints against a party who is violating a signed NDA. For example, if an ex-employee is spreading your trade secrets, taking that person to court to stop spreading those secrets would involve presenting the signed NDA. In some cases, the NDA might provide the basis for you to seek damages from the person for the breach of confidentiality.

Source: FindLaw, "A Nondisclosure Agreement," accessed July 15, 2015

<![CDATA[Protect your intellectual property to protect your business]]> tag:www.northwestlaw.com,2015:/blog//11515.1639371 2015-07-10T03:30:55Z 2015-07-10T03:29:55Z Keeping your business protected is a key concern of business owners. This isn't always as easy as just making sure that you have a steady stream of income coming in. Instead, you have to make sure that the intellectual property of your business is protected. This can sometimes mean having to wage legal battles in federal or civil court to protect trade secrets or uphold non-compete agreements.

We know that as a busy business owner, you don't have time to deal with lengthy legal battles. We can stand on your behalf through a variety of court proceedings and other events to help ensure that your business' interests remain protected.

]]> If you have employees sign non-compete agreements, it is vital that those agreements are honored during and after the employee's term with your company. These agreements can help to ensure that the employee doesn't move from your company to another with the promise of using your trade secrets to help the other company advance in the same sector as your company.

Another point that you have to consider is the necessity to protect trade secrets. Trade secrets are some of the most important intellectual properties your business holds. If you think that a current or former employee is using your intellectual property to help a company they started or to help a competitor, you can take legal action to protect the future of your business.

We can help you as you work to protect all the intellectual properties of your company. We know that you aren't trying to hamper your competitor, but you do need to protect your own business.

<![CDATA[Important litigation tips]]> tag:www.northwestlaw.com,2015:/blog//11515.1631631 2015-07-02T16:17:57Z 2015-07-02T16:16:57Z Are you involved in civil litigation in Oregon, and are you about to go before the court? If so, you should take a look at the following tips, which can help you work quickly and effectively through this process. These are especially important if you have never been to court before.

1. Don't look for revenge.

]]> You should be in court because you know that justice has not been served, and you want to see that things are put right. You should not be there simply to spitefully seek revenge.

2. Understand what your rights really mean.

If you think your rights have been violated, make sure you know exactly what your rights are, how they have been violated and what you can do about it. Never assume that they've been violated without really looking into the legal background.

3. Work closely with your legal team.

Remember that you have more to gain or lose in this case than anyone else. Work closely with those involved in your case to ensure that everything falls into place the way you want it to. Above all else, keep those doors to communication open so that you are all on the same page.

4. Keep your attitude light.

Court cases are very serious, but you don't have to take yourself too seriously. People often get nervous in court, and they lock up, unable to really say what they want to say or tell their side of the story. If you have a lighthearted and confident approach, you'll do much better and lower your stress levels.

Before going to court, take these things into account and be sure you know exactly what legal steps must be addressed.

Source: FIndLaw, "Ten Court Tips: How to Survive Your Day in Court," accessed July 02, 2015

<![CDATA[Personal injury cases deserve aggressive representation]]> tag:www.northwestlaw.com,2015:/blog//11515.1621121 2015-06-25T21:01:50Z 2015-06-25T21:00:51Z In our most recent blog posts, we have discussed personal injury cases. In one, we discussed the importance of taking action after you are injured because of another person's negligence. In the other, we discussed how personal injury cases sometimes go through the appeal process. One factor that remains constant is that you will need someone familiar with the applicable laws so that you can ensure your rights are respected.

We understand that you might not feel up to having to wage a legal battle while you are trying to heal after a catastrophic injury. We can handle the legal work so that you can place your focus on healing.

]]> An important point that has to be proven in your case is liability. We work aggressively to ensure that we clearly show who was liable for the conditions that led to the accident that caused you to suffer a serious injury.

When you are injured in an accident, you will likely face considerable medical bills. With each appointment, that expense increases. The good news is that each appointment results in more medical evidence that explains your injury and shows your path toward healing or toward learning to live a new life because of your injuries. We can go through those medical records so we can show the extent of your injuries. In some cases, expert testimony is necessary. We can arrange that testimony for you.

Personal injury cases are very serious because a successful case can relieve the victim of some of the financial burden. You don't have to stand alone while you are seeking compensation. Instead, we can stand by your side throughout the process.