Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My daughter is 18 and her employer just fired here and said that she was caught on video 8 times taking food from...

Customer Question
My daughter is 18 and...
My daughter is 18 and her employer just fired here and said that she was caught on video 8 times taking food from the deli and not paying for it while she was working. They told her if she didn't sign her check over to them they was going to call the cops and she would be arrested.Her check is usually around $600.00 and it was 1 day till payday. Is this blackmailing and is this legal?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
6/18/2016
Lawyer: RobertJDFL, Attorney replied 1 year ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,187
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer.

Yes, it could be considered theft by extortion under Oregon law, which is a crime. Here is the statute:

(1)A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:

(a)Cause physical injury to some person;

(b)Cause damage to property;

(c)Engage in other conduct constituting a crime;

(d)Accuse some person of a crime or cause criminal charges to be instituted against the person;

(e)Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

(f)Cause or continue a strike, boycott or other collective action injurious to some persons business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;

(g)Testify or provide information or withhold testimony or information with respect to anothers legal claim or defense;

(h)Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(i)Inflict any other harm that would not benefit the actor.

(2)Theft by extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]

It's also not considered a lawful deduction by an employer (though that would be a civil, not criminal, matter).

Under Oregon law, employers may legally deduct the following from employee wages:

  • Deductions required by law such as taxes or garnishments.
  • Deductions that are for the employee´s benefit such as health insurance premiums. The employee must sign a written authorization and the deductions must be recorded in the employer´s books and records.
  • Other deductions authorized by the employee in writing as long as the employer is not the ultimate recipient of the money, such as charitable contributions.
  • Deductions authorized by a collective bargaining agreement to which the employer is a party.
  • Deductions for processing garnishments under ORS 18.736 (fee cannot be collected if garnishment is 25% of disposable earnings).
  • A deduction from a final paycheck for a cash loan to an employee, if the employee has voluntarily signed a loan agreement, and the loan was for the employee´s sole benefit. A deduction from the final paycheck for repayment of a loan may not exceed 25 percent of the employee´s disposable earnings OR the amount of disposable earnings in excess of $218 per week whichever is less. Disposable earnings are generally net earnings after tax deductions and family support withholdings. See ORS 652.610(3)(e), ORS 18.385, ORS 110.303 to ORS 110.437, ORS 419B.408, and ORS 419C.600. More detailed questions should be directed to an attorney.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you!

Ask Your Own Legal Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,187
14,187 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In state of mi for mi bridge health insurance the first year
In state of mi for mi bridge health insurance the first year i was only ask for income to qualify, the second year asking for pensionns, IRA, and assists? Why are they asking now? Afraid to sign up fo… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,086 satisfied customers
I have health insurance with Florida Blue. I changed my
I have health insurance with Florida Blue. I changed my policy for 2018 and paid its first months premiun. The health marketplace sent information on new policy to Florida Blue Dec.13th which included… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am trying to get health insurance and am having issues.
I am trying to get health insurance and am having issues. Some how it is showing up that I am currently incarcerated. I am not nor have I ever been. How do I clear my name ? Could this be identity the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
I am renewing my health insurance..it asks if I am
I am renewing my health insurance..it asks if I am chronically ill..I have an immune disorder...does that count? I don't tend to think of it as an illness although I do have to have treatment for it..… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,307 satisfied customers
I have individual health insurance in the state of South
I have individual health insurance in the state of South Carolina. I switched to a new insurnace carrier and cancled the old by mail. I did not relaize until recently that they did not cancel the old policy and have been charging me along with the new insurance. So I have been paying both. They will not budge and say COB is legal and are using that as the grounds for not allowing the over due refund. Do I have an legal grounds to fight this? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
I applied for health insurance from the NY State of Health
I applied for health insurance from the NY State of Health marketplace and they said to submit a self-attestation regarding my 2017 income. (I had no job or pension, but interest and an inheritance). … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Second opinion] When a health insurance dubrogation cosim is
second opinion] When a health insurance dubrogation cosim is paid out of a personal injury lawsuit does that cost get paid out of settlement funds BEFORE the lawyer takes his cut? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
When a health insurance dubrogation cosim is paid out of a
When a health insurance dubrogation cosim is paid out of a personal injury lawsuit does that cost get paid out of settlement funds BEFORE the lawyer takes his cut? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,307 satisfied customers
My health insurance provider consistently makes gross errors
My health insurance provider consistently makes gross errors on my claims, including improperly denying coverage. What are my legal options? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
California Inheritance and Medi-Cal health insurance
California Inheritance and Medi-Cal health insurance question. Medi-Cal requirements have changed in the last few years, and my wife and I have been receiving health benefits thru Medi-Cal. My wife wi… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Question about health insurance. I was terminated by by
Question about health insurance. I was terminated by by medical insurance for non payment. I wrote an appeal letter which the company received ( I have confirmed that) but have heard nothing from them… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
I am enrolled in a high deductible health insurance through
I am enrolled in a high deductible health insurance through my employer and have made contributions to an HSA account. I enrolled in Medicare part A at 65, but have continued the HSA. I am now 66. Can… read more
Damien Bosco
Damien Bosco
3,353 satisfied customers
My wife has passed away and the health insurance wants me
My wife has passed away and the health insurance wants me her husband to pay for the bill, she had her own medical insurance - Medicare w/Blue Cross Blue Shield supplement, I have HealthPartners insur… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
I made a payment for my health insurance coverage that
I made a payment for my health insurance coverage that included September (back payment) and October (current) but it was late. They cashed the check but then told me the coverage was terminated on Oc… read more
Damien Bosco
Damien Bosco
3,353 satisfied customers
I am being extorted by a Vancouver based Escort with
I am being extorted by a Vancouver based Escort with compromising pictures of myself. I have no intention of paying and I have emails from her proving she is attempting to extort me as well as her con… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,933 satisfied customers
What is my legal responsibility for my health insurance
what is my legal responsibility for my health insurance coverage for my husband ? i have open enrollment this month and do not want to add him for this years coverage as i have left my residence ad fi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
My employer my health insurance premiums. But not everyone
my employer doubled my health insurance premiums. But not everyone just a few of us woman ... is this legal? … read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x