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  • Failure to receive pay

    I was recently hired onto a company through a temp agency and got injured at the end of the first week and filed a workmans comp claim. The next week I was let go due to very unspecific reasons by the company I was contracted to, Now as I am still "technically an employee of the temp agency" I cant say much as to being released in retaliation for filing a claim. But... I was supposed to receive my first check on the 26th, And now they're refusing to pay me for another week, Is there something that can be done about this? I was told to file something in small claims court........... But Im not sure about the legalities of any claim I might file

  • #2
    Your normal recovery options for unpaid wages are state DOL, federal DOL and small claims court. However if one more week will get you paid, any of those options will take a lot longer then that.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I was told by my roomy, who had a problem when He moved up here, that when He got let go from a job the employer had 48 hours to pay him, Otherwise the employer was liable for the amount owed for every single day going unpaid, Is that applicable in this situation as well? He knows this because he had to goto court for this and was paid for every day that went unpaid after the 48 hours

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      • #4
        Oregon is not my state, and I have no idea what Oregon's rules are in this situation. CA has similar rules to what you describe but those rules would be handle via a wage claim with CA-DLSE. I have never heard of this in context with Oregon. Perhaps someone else who knows more about Oregon then I do can address this.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Thanks for the quick replies Daw, I will look into this further thank you.

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          • #6
            Originally posted by Jay32 View Post
            I was recently hired onto a company through a temp agency and got injured at the end of the first week and filed a workmans comp claim. The next week I was let go due to very unspecific reasons by the company I was contracted to, Now as I am still "technically an employee of the temp agency" I cant say much as to being released in retaliation for filing a claim. But... I was supposed to receive my first check on the 26th, And now they're refusing to pay me for another week, Is there something that can be done about this? I was told to file something in small claims court........... But Im not sure about the legalities of any claim I might file
            From the Oregon website (http://egov.oregon.gov/BOLI/TA/T_FAQ_Tafinpay.shtml).

            Paydays and Pay Periods
            Employers must establish and maintain regular paydays. Paydays may not be more than 35 days apart. ORS 652.120(1)(2)


            So, the question is, why do you think your first check was due on October 26?

            I have had more than one employee figure that the work week ended yesterday (true) and I must pay them today (not true). My state allows me eight days from the end of the pay period. Oregon allows far much more latitude.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              I was told the 26th was when I would receive my first pay check when I started. Thanks for the link, Ill read up on it

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              • #8
                Originally posted by Jay32 View Post
                I was told by my roomy, who had a problem when He moved up here, that when He got let go from a job the employer had 48 hours to pay him, Otherwise the employer was liable for the amount owed for every single day going unpaid, Is that applicable in this situation as well? He knows this because he had to goto court for this and was paid for every day that went unpaid after the 48 hours
                Wish I had seen this earlier.

                Final Paychecks
                If an employee quits with less than 48 hours notice, excluding weekends and holidays, the paycheck is due within five days, excluding weekends and holidays, or on the next regular payday, whichever comes first. ORS 652.140(2)

                Example: An employee quits without notice on Monday, one week before Labor Day. The final check must be paid by the Tuesday after Labor Day, unless a regular payday occurs before that date.
                If an employee quits with notice of at least 48 hours, the final check is due on the final day worked, unless the last day falls on a weekend or holiday. In that case, the check is due on the next business day. ORS 652.140(2) &(3)
                Example: An employee gives three days notice that Saturday will be the last day worked. The final check is due on Monday. Example: An employee gives two days notice that Friday will be the last day worked. The final check is due on Friday.

                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.
                When an employer and employee mutually agree to terminate the relationship, the check is due by the end of the following business day, as in the case of discharge. ORS 652.140(1)

                When employment is related to state and county fairs, and employment terminates on weekends or holidays, the check is due by the end of the second business day after the termination. ORS 652.140(3)

                Example: If the last day of the Oregon State Fair is on Labor Day Monday, all employees whose employment ends must be paid by the end of the day on Wednesday.


                However, your orginal post indicates you did not quit nor were you fired by the temp agency. The client may not want you back, but you were not their employee. You are an employee of the temp agency. If they fire you, the above rules apply.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  Alright, thanks Scott, thats what I read up on the site as well Do you by any chance have any resource that says how long an employer has to pay employee After the regularly scheduled pay date? Since the first check is not coming and the employer, according to the excellent link, should not be able to withhold payment
                  Last edited by Jay32; 10-30-2007, 02:36 PM.

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                  • #10
                    Originally posted by Jay32 View Post
                    Do you by any chance have any resource that says how long an employer has to pay employee After the regularly scheduled pay date?
                    Five days, if I read the statute correctly. http://www.leg.state.or.us/ors/652.html

                    652.125 Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond. (1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate.

                    (2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

                    (3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [1989 c.651 ยง3]


                    You will note that there does not appear to be anything in the statute that helps the employee get paid. It only requires a late paying employer to cough up a bond or letter of credit so that, in the future, employees can be paid using those funds set aside.

                    BTW, I am not yet convinced that you were supposed to be paid on October 26, even though someone at the agency said that.

                    What was the beginning and end of the pay period? When did you start working? When was your last day of work? I am not giving you a hard time, I am merely using my experience with temps who get really confused about work weeks, pay periods and dates of pay. Heck, my staff gets confused and I had to create a chart one time to show exactly what days would be paid to a temp depending upon the start day.
                    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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