Did he truly not know that he was contagious even when he wasn't experiencing lesions?And how much should a person be compensated for a disease, albeit incurable, that affects roughly 1 in 6 adults?It was the first time a case of one person suing another for intentionally transmitting herpes went to trial in Oregon, said the attorneys who tried and researched the case.Jurors were asked to ponder fundamental questions about dating and sex in today's times: Was the man obligated to tell his date that he had genital herpes before they had unprotected sex?Jurors also found that the retired dentist committed battery by intentionally engaging in an activity that harmed the woman.Several jurors said they found the man's behavior reprehensible and that the dental hygienist's suffering was real.The 49-year-old Beaverton divorcee was impressed when she met a 69-year-old Southeast Portland man on the Internet dating website e Harmony. They had a lot in common, including that she was a dental hygienist and he was a retired dentist. After enduring repeated painful outbreaks of the disease and spiraling into clinical depression, she filed a lawsuit.On the fourth date -- an evening that included hors d'oeuvres, wine and a few puffs of pot -- the two had sex. Last week after a four-day trial, a Multnomah County jury awarded her nearly every dollar she was asking for: 0,000 for her pain and suffering.
The woman, who filed the case under a pseudonym, testified that she asked her date to wear a condom and he said OK, but the next thing she knew he wasn't wearing a condom and it was too late.In 1996, however, a 32-year-old woman filed suit against her 38-year-old former Portland boyfriend, claiming he infected her with genital herpes after making a conscious decision not to tell her of his health status. Others criminalize only the intentional spreading of HIV because of its serious, life-threatening nature.Oregon does neither, but prosecutors can charge defendants under existing statutes, such as the state's assault law.Nothing on this website is intended as legal advice.Any responses to specific questions are based on the facts as we understand them, and not intended to apply to any other situations. If you need legal advice, please consult an attorney.The employer may want to document the employee’s verbal consent prior to instituting a particular means of payment. Employers who use the direct deposit, automated teller machine card, or payroll card method of paying wages must still provide an itemized statement and meet the deadlines applicable to final paychecks. If an employee fails to submit time sheets as required, may the employer delay payment until the information is received? No, it is the employer´s responsibility to track hours worked and to pay all employees on regular paydays. Not unless you have an established practice or policy of paying other employees for the remainder of the two-week notice period.An employer may provide the itemized statement in an electronic format if the employee expressly agrees. The final paycheck may be paid by mail, direct deposit, automated teller machine card, or payroll card with the agreement of the departing employee. Other disciplinary measures may be taken when employees fail to meet expectations, including submission of timesheets. Our company does not allow an employee who has given notice to work the two week period, and we release the employee from work immediately. Under Oregon’s final paycheck law, you will need to pay your employee all wages earned but unpaid by the end of the next business day. Collective Bargaining Agreements The statute allows an exception from the final paycheck requirements if the contract makes provisions for final pay. When employment of seasonal farmworkers terminates, wages are due immediately.The jury deliberated for two hours before reaching a verdict: The man was 75 percent negligent, while the woman carried 25 percent of the blame.Two jurors, however, dissented, believing the man was entirely at fault.These may be paid at a later date, when the amounts due are known. The civil penalty may not exceed 100% of the unpaid wages if the employer pays the wages due within twelve days after written notice of nonpayment is sent to the employer provided the employer has not willfully violated the final pay provisions of the law in the preceding year.Civil Penalty for Withholding Final Wages If an employer willfully fails to pay any part of an employee´s final wages when due, then, as a penalty, the compensation of the employee shall continue from the appropriate due date, at the same regular hourly rate, for eight hours per day, until the wages are paid or until an action for collection is filed. The penalty may also not exceed 100% of the unpaid wages if the employee fails to provide written notice of non-payment of wages to the employer.