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Employer with held bogus deductions from my final paycheck Oregon

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  • Employer with held bogus deductions from my final paycheck Oregon

    I quit my job with less that 48 hours notice do to the poor management at this particular Dental office. My paychecks were always late and incorrect. Anyway, they deducted 348.77 from my final paycheck for bogus reasons. We have gone round and round and he now knows that he was in the wrong and agreed to pay it to me only when I threatened him with getting an Attorney involved. He will pay me if I dont move further with other penalties like we NEVER received rest breaks. My question is...Can I charge late penalties due to the fact that I haven't received all of my final paycheck? It is 18 days late and counting.

  • #2
    Here is what you do.

    You go to the ex boss and tell him that if he doesn't stick a crowbar in his wallet and pay you immediately that the next thing on your to do list is to pay a visit to the department of labor.

    After your complaint, the DOL will crawl up his corporate butt with a microscope.

    Then, when he pays you, call them anyway. He cannot demand that you do not file charges to get monies he owes you....or any other reason.

    This is the type of employer that gives the rest of us a bad name. Nail his carcass to the wall.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      Thanks for your advice. Do you know if I can apply the penalties of 8 hours a day at my hourly rate until payment arrangements are made (30 days max). If I go through BOLI then I have to agree to NO penalties owed to me.

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      • #4
        Maybe I am more unfamiliar with Oregon services than I thought.

        What is BOLI?
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          Bureau of Labor and Industries.

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          • #6
            Why would BOLI prevent you from collecting damages?
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              This was taken from the BOLI website. Does it sound to you that I can collect damages even though he did pay some of my check? Or does it sound like I can't collect damages because he didi pay something yet it wasn't the whole amount? Also, they told me that he made illegal deductions and I have 2 choices, either collect the money and any penalties if applicable by myself in court or file a complaint with then and I would have to relinquish all penalties owed to me. Im not sure if they keep the penalties or just plain dont collect them.

              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 maximum penalty is for 30 days compensation. ORS 652.150

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              • #8
                If you think you have a case, go after him administratively (through the bureaucracy) AND civilly (through the courts).

                If you file a case and the system doesn't like it, they just throw it out.

                The judge/hearing officer/whoever doesn't leap off the bench and beat the crap out of you!
                “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                --Benjamin Franklin

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                • #9
                  The judge/hearing officer/whoever doesn't leap off the bench and beat the crap out of you!
                  That would be one for You Tube!

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                  • #10
                    Originally posted by las365 View Post
                    That would be one for You Tube!
                    I'll bet it has happened before!
                    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                    --Benjamin Franklin

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