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Recourse for Not Receiveing Final Paycheck Oregon

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  • Recourse for Not Receiveing Final Paycheck Oregon

    Hello -

    I would like some advice as to what my recourse is for not receiving my final paycheck from my former employer (This is in Oregon).

    Here are the details of the circumstances:
    • I quit my job on the morning of 12/27 (effective immediately)
    • The next scheduled payday was 12/29
    • To date (1/4/2007) I have not received my final paycheck, nor have I received a response from the HR Manager, CEO, or President of the company despite 2 requests that I sent via email asking for my check


    It is beginning to appear that the employer intends to willfully withhold my final paycheck. If this is the case, what legal recourse do I have?

    Also, since I quit without giving 48 hours notice, wouldn't my check have been due to me on the regular payday (12/29) since that event occurred before the otherwise requisite 5 business days?

    Is there a way to compel my former employer to pay my final wages if they continue to withhold my check?

    Thanks in advance for you help.

  • #2
    If the paycheck dated 12/29 was for a pay period that ended prior 12/27, then the 5-day "rule" would be invoked.

    However, it is unclear whether the law means "business" days or "calendar" days. In any case, though, emails are easy to ignore. Why don't you just call HR? If they refuse to pay, then you can file a claim with the BOLI.

    on soapbox:

    However, and don't take this personally, but I find it interesting, not withstanding the laws in states that provide for accelerated final paychecks upon voluntary termination, that workers want the employer to jump through hoops to get a final paycheck issued, when the employee didn't even have enough courtesy to give at least minimal notice. I'm not saying that there MIGHT not be extenuating circumstances which would cause an employee to quit without notice and walk off the job. I'm also not saying that the employer shouldn't make every effort to comply with the law. I'm just saying that, if an employee expects to be treated fairly, it is common sense for the worker to provide the same to the employer.

    off soapbox:
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Soapbox

      Originally posted by Pattymd View Post
      If the paycheck dated 12/29 was for a pay period that ended prior 12/27, then the 5-day "rule" would be invoked.

      However, it is unclear whether the law means "business" days or "calendar" days. In any case, though, emails are easy to ignore. Why don't you just call HR? If they refuse to pay, then you can file a claim with the BOLI.

      on soapbox:

      However, and don't take this personally, but I find it interesting, not withstanding the laws in states that provide for accelerated final paychecks upon voluntary termination, that workers want the employer to jump through hoops to get a final paycheck issued, when the employee didn't even have enough courtesy to give at least minimal notice. I'm not saying that there MIGHT not be extenuating circumstances which would cause an employee to quit without notice and walk off the job. I'm also not saying that the employer shouldn't make every effort to comply with the law. I'm just saying that, if an employee expects to be treated fairly, it is common sense for the worker to provide the same to the employer.

      off soapbox:
      With regard to your soapbox, I would certainly agree with you, and in my case there were some extenuating circumstances that required immediate action on my part. But that aside, I would like to point out that while it may not be ideal, what I did was not outside of the law, however if my former employer continues to withhold my paycheck, they are acting outside of the law. Also, if an employee quits with less than 48 hours, an employer has the most amount of time to pay the departing employee, compared to an employee giving a longer notice or if the employee is fired. I'd also like to point out that if an employee is terminated, rarely are they given notice, and are often times escorted from the building, regardless of the reason surrounding their termination. That being said, I understand what you are saying, and generally agree that the more notice one can give an employer, the better chance one has at maintaining a mutual level of courtesy and overall mutual cooperation.

      On another note, I did try to call HR (incidentally, the HR manager was also the manager for a different department in which I worked, so calling HR is essentially calling my manager). I've only gotten through to voice mail, and my calls have gone unreturned.

      When filing a complaint with BOLI, do you know the amount of authority they have in compelling an employer to pay?

      Thanks for taking the time to respond, and I appreciate the input.

      Comment


      • #4
        They have absolute authority to order the employer to pay. Failure to comply with an order would not be a good idea on their part.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by Pattymd View Post
          They have absolute authority to order the employer to pay. Failure to comply with an order would not be a good idea on their part.
          Pattymd, Thanks again for your input on this.

          Comment


          • #6
            You're welcome. I hope you didn't take offense. To be honest, I was in one of those "extenuating circumstances" jobs once myself and I'm not proud to say that I "walked" with no notice from that job. We just see so many posters here who want to know if a certain policy is "legal"; i.e., docking 15 minutes pay when 1 minute late, when all the employee would have to do is be there on time.

            Good luck to you. Now that I hear more from you, you don't sound like the type of person who would walk with no notice unless you felt it was absolutely necessary.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Dont go to BOLI ....unless

              In oregon the employer has a very limited amount of time to cough up your final check even when you quit. and as for the soap box thing ...don't feel bad at all because guess what ?? Employers don't treat their people with any respect for the most part and if the job you were doing wasn't doing it for them they would have fired you and tossed you out without a second thought ...so don't lose any sleep over it at all. now in oregon you did the right thing by emailing them asking for your check now the wait begins if they don't pay you ALL of the money they owe you within 12 days from the date of your email then you make it to the penalty round ...on the 13th day you are as a matter of law entitled to penalty wages equal to a full 8 hr days pay and you are entitled to it for every single day that they don't pay you up to 30 days and yes thats 30 8 hr days ...just like you worked it straight which is more than you make in a month by about another 50% make them pay this even if they pay on day # 13 ...its the law...if you go to BOLI with your wage claim they will only recover for you the amount of your wages and if they are outside the 12 days then BOLI keeps the penalty which i thinki goes into the wage security fund

              Comment


              • #8
                http://www.boli.state.or.us/BOLI/TA/...Tafinpay.shtml
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

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