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Layedoff = $0 final check... Oregon

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  • Layedoff = $0 final check... Oregon

    I had a Sales job until Last Wednesday 1/28/09. I work alone with a company car/phone/laptop/credit card and other supplies selling Heavy equipment B2B. My salary was based off of 2k a month plus a Advance towards Earnings of another 2k roughly. I returned all of my work supplies in good order with all of my customer contact information to the owner of the company and all was well. I had a outstanding balance owed because of the advance and this was taken out of my final paycheck to reduce it to $0 despite the owner telling me that he would just write off the balance. This is not the only problem I have had he was not taxing the advance for most of last year and then decided to take it out of the last 2 checks of calender year 08 reducing the pay on both checks over 50% without warning. We parted on good terms he is not replacing me just downsizing the company and I am not sure what options i have at this point. I have had my savings reduced because of the 2months prior getting short paychecks and i am facing some tough choices now. also i noticed that he charged me for health insurance and did not pay me for the 40 hours of vacation time showing on my last check.....

  • #2
    What did the authorization you signed to have the advance deducted from your pay say, if anything, regarding what would happen to any outstanding balance should you terminate before it was totally paid off? Generally speaking, a verbal "I'll write it off" is probably not going to hold much water.

    This sounds like a draw against commissions? You were outside sales, right?

    You would have to ask the company about the health insurance deductions. Some deductions pay for coverage in the the following month. For example, at my company we have to pay the carrier (and I'm the one who pays the bills) for February coverage in January. In addition, when does the plan say coverage terminates? Last day worked or end of the month; my experience is that plans are about 50/50 between the two.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I need find my contract to be 100% on this but as far as I know I never signed any kind of deduction allowance paperwork.
      Yes, I was outside sales and know this changes the rules somewhat for pay. I talked with the carrier and the insurance was terminated on the last day I worked.

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      • #4
        The insurance issue, then, you would need to discuss with payroll or benefits. Since you were outside sales, there is no minimum wage or salary basis test that needs to be met.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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