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Fired with no pay!
- Thread Starter Mickerick
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cbg
Super Moderator
Oregon is the state that matters for you. Do you need to submit time records? It makes a difference to the answer.
army judge
Super Moderator
If an employee is discharged, the final paycheck is due not later than the end of the next business day. ORS 652.140(1).
Example: If an employee is discharged on Saturday, the check is due on Monday by the end of the day. If an employee is discharged on Monday, the check is due by the end of the day on Tuesday. (See Or. Rev. Stat. § 652.140)
http://www.oregon.gov/BOLI/TA/Pages/T_FAQ_Tafinpay.aspx
Example: If an employee is discharged on Saturday, the check is due on Monday by the end of the day. If an employee is discharged on Monday, the check is due by the end of the day on Tuesday. (See Or. Rev. Stat. § 652.140)
http://www.oregon.gov/BOLI/TA/Pages/T_FAQ_Tafinpay.aspx
cbg
Super Moderator
But there is also a provision that if the employee needs to submit time records for the pay to be figured, the employer has up to five days. So, do you need to turn in time sheets showing the hours that you worked?
cbg
Super Moderator
Then they need to pay you as of today. If they do not, contact the OR DOL.
army judge
Super Moderator
Then you need to contact the OR DOL.
Or, better yet, you can hire an attorney, get paid (plus penalties), get your lawyer paid, and it'll cost you nothing.
Read on, please read on.
Oregon wage and hour law dictates when the employee must be paid all their final wages or paycheck. Below is a summary of Oregon final (last) paycheck laws and the relevant timelines they set for employers to pay final (last) paychecks. In addition, when final (last) paychecks are not timely paid, Oregon final (last) paycheck laws penalties which may attach in an Oregon wage claim lawsuit when an Oregon employee did not get their last (final) paycheck including all final wages. It should be noted, that simply receiving a final (last) paycheck timely may not be sufficient for an employer to avoid liability in an Oregon late pay wage claim lawsuit. The final (last) paycheck provided must cover all wages that were due and owing at the time the employment ended. This includes, but is not limited to, minimum wages, overtime wages, off the clock wages, deducted wages, vacation wages, PTO wages, etc.
If all wages are not included in the final (last) paycheck, then the employee has an unpaid wages claim and a late pay wage claim. In an Oregon late pay wage claim lawsuit alleging that the final (last) paycheck was not paid timely, the employee can recover penalty wages in addition to the unpaid wages.
The penalty wages provided in Oregon's wage and hour laws are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $10.00 per hour, the maximum amount of penalty wages equals $10.00 * 8 * 30 = $2,400.
You might want to contact an attorney.
Oregon law allows for attorney's fees to be collected from the miscreant employer.
Find a good, aggressive, attorney and stick it to these law breakers!!!!!
In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows a good Oregon wage claim attorney to take most Oregon wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that your Oregon wage claim attorney only gets paid their attorney fees, if they recover wages or penalty wages for you!
Good luck, and sic 'em!!!!!
Sent from my iPad3 using Tapatalk HD
Or, better yet, you can hire an attorney, get paid (plus penalties), get your lawyer paid, and it'll cost you nothing.
Read on, please read on.
Oregon wage and hour law dictates when the employee must be paid all their final wages or paycheck. Below is a summary of Oregon final (last) paycheck laws and the relevant timelines they set for employers to pay final (last) paychecks. In addition, when final (last) paychecks are not timely paid, Oregon final (last) paycheck laws penalties which may attach in an Oregon wage claim lawsuit when an Oregon employee did not get their last (final) paycheck including all final wages. It should be noted, that simply receiving a final (last) paycheck timely may not be sufficient for an employer to avoid liability in an Oregon late pay wage claim lawsuit. The final (last) paycheck provided must cover all wages that were due and owing at the time the employment ended. This includes, but is not limited to, minimum wages, overtime wages, off the clock wages, deducted wages, vacation wages, PTO wages, etc.
If all wages are not included in the final (last) paycheck, then the employee has an unpaid wages claim and a late pay wage claim. In an Oregon late pay wage claim lawsuit alleging that the final (last) paycheck was not paid timely, the employee can recover penalty wages in addition to the unpaid wages.
The penalty wages provided in Oregon's wage and hour laws are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $10.00 per hour, the maximum amount of penalty wages equals $10.00 * 8 * 30 = $2,400.
You might want to contact an attorney.
Oregon law allows for attorney's fees to be collected from the miscreant employer.
Find a good, aggressive, attorney and stick it to these law breakers!!!!!
In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows a good Oregon wage claim attorney to take most Oregon wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that your Oregon wage claim attorney only gets paid their attorney fees, if they recover wages or penalty wages for you!
Good luck, and sic 'em!!!!!
Sent from my iPad3 using Tapatalk HD
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