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Sunday, December 14, 2003

Jared says, Hold it in

Who ever heard of a restaurant with no restroom?

Well, that's just what we have with the Subway on SW Sixth between Washington and Alder in downtown Portland. Yesterday the helpers told me, after I bought a sandwich and was getting ready to sit down, "Our building manager won't let us open our restroom."

Say, what? Isn't there some kind of law against this?

UPDATE, 12/16, 12:03 a.m.: I contacted the state health department, and was told in an unsigned response that it's a city or county concern. I'll try the county next.

Comments (5)

That bathroom has been closed to customers at least since 1997 when I moved here.

I have been having troubles with Subway myself lately. I used to work for the Subway at 6th and Broadway here in NE Portland and they have been refusing to give me my last paycheck. It has almost been a week and payday has come and gone but they still refuse my paycheck. I am going to school right now and I am on a limited income and the paycheck could really help. There was no misconduct or anything I think they are just mad that I did not give more than a days notice. I thought Oregon was an "At Will" state and that I was not required to give a notice. No matter what though I don't think that they have a right to keep my paycheck past payday. Anyone have any thoughts?

If you quit without notice, they've generally got 5 business days to pay you. If they don't pay you within this time frame, you could (potentially) be entitled to "penalty wages."

See Oregon Revised Statute 652.140(2) and 652.150:

652.140(2) provides that "When an employee who does not have a contract for a definite period quits employment, all wages earned and unpaid at the time of quitting become due and payable immediately if the employee has given to the employer not less than 48 hours' notice, excluding Saturdays, Sundays and holidays, of intention to quit employment. If notice is not given to the employer, the wages shall be due and payable within five days, excluding Saturdays, Sundays and holidays, after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.

652.150 (Penalty wage for failure to pay wages on termination of employment) provides that "If an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 and 652.145, then, as a penalty for such nonpayment, the wages or compensation of such employee shall continue from the due date thereof at the same hourly rate for eight hours per day until paid or until action therefor is commenced. However:(1) In no case shall such wages or compensation continue for more than 30 days from the due date. (2) Except as provided in subsection (3) of this section, the penalty may not exceed 100 percent of the employee's unpaid wages or compensation unless the employer fails to pay the full amount of the employee's unpaid wages or compensation within 12 days after written notice of such nonpayment is sent to the employer by or on behalf of the employee. If the employee or a person on behalf of the employee fails to send the written notice, the penalty may not exceed 100 percent of the employee's unpaid wages or compensation. (3) Subsection (2) of this section does not apply when the employer has willfully violated ORS 652.140 or 652.145 one or more times in the year before the employee's employment ceased. (4) The employer may avoid liability for the penalty by showing financial inability to pay the wages or compensation at the time they accrued."

Hope this helps.

The location in question, isn't that bum central?

At least that would explain the withholding of facilities.

The Starbucks at 4th and SW Oak also claims not to have a bathroom -- not just no public bathroom, but no bathroom at all that a toddler could use after downing a large (whatever the fake Italian word is) drink there.

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