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unpaid wages Oregon

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  • girl63
    started a topic unpaid wages Oregon

    unpaid wages Oregon

    Myself and coworkers work for a painting company whom has a contract for deck maintenance. Recently they made changes in how they are paying vendors, which instead payment upon completion is now 30 days after completion. Our employer knew of this change for approx. a month without telling us. Two days before our scheduled payday he told us of the changes. However, he was able to get a check from the resort as a draw (he told them to pay his employees) for what we were working on. He did not pay us though. Instead he said his hands were tied and there was no way to pay us. At this point we are more than 6 weeks from getting a check-this means working without pay for 9 weeks or more. We decided to go talk to the person whom runs the maintenance and this was when we found out he had been paid. The resort has now terminated his contract. There was mention we should file a homeowner lien against the resort in order to insure we will get paid. Please advise.
    Last edited by girl63; 06-17-2008, 11:59 PM.

  • Pattymd
    If you were independent contractors, you could fmight be able to file a contractor's lien (I admit this is not my area of expertise) or just file a civil suit like any other unpaid vendor.

    If you were employees (taxes withheld), you would file a claim for unpaid wages with the state Bureau of Labor and Industries. Nonpayment by the customer does not excuse the employer from paying its employees.

    However, if taxes weren't withheld, please post back with some details of your working conditions, because it's possible you were misclassified and the BOLI would still be the place to go.

    Edited to add email question to and response from the BOLI:


    I am researching the following issuing regarding an individual who performed labor as an employee for a general contractor and has not been paid.
    Can an employee file a contractor's lien for failure to pay wages? Or is a wage claim or small claim court their only recourse?


    For wages owed, there are 3 options of recourse the employee may choose from, either this office, or in Small Claims Court in the county the employer is located in, or through an attorney, however only 1 option may be chosen.
    They did state, however, that the Construction Contractor's Board would be able to advise if a contractor's lien is available for unpaid wages.

    Having said all this, OP, I don't know why you just don't file withe the BOLI for unpaid wages, if you were an employee as I inferred from your original post. It's free and easy. Filing a lien is not so much.
    Last edited by Pattymd; 06-20-2008, 01:58 PM.

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