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"under the table" Oregon workers rights?

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  • "under the table" Oregon workers rights?

    I recently switched companys (roofing) and the longer I've been with this new Co. the stranger it gets. first he insisted that we be paid cash, I know this isnt legal, however do I still have the right to file if he never pays us? I have co workers who have been terminated weeks ago and have not recieved final pay yet. nor have I recieved my pay for the last pay period, how late can a non-final pay be? I have since quit and have yet to recieve final pay either. the employer is now in posession of my personal time records, and is playing the ... I havent seen it game! he is also in the process of moving, and his business is located on his property.. I need to know what my rights are and what actions I can take before he moves. I'm afraid he's going to close the business and relocate without having paid anyone.

  • #2
    Being paid in cash is not illegal, in and of itself. However, this does sound fishy. File a claim for unpaid wages with the state Dept. of Labor and encourage your other terminated co-workers to do the same.
    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
      You not only have the right to file, you MUST file. If you do not claim that money on your tax form and pay the appropriate tax on it, you are as guilty as he is.

      You can try calling the state DOL but if he hasn't been filing the appropriate taxes they may not be much help. In that case, you may need to sue him in civil court (most likely small claims).
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        The reason I recommended filing the claim with the DOL is because they will investigate. If the employer tries to use the reason for non-compliance with the law is because you are not an employee, they will question the employer and make a determination. If they DO decide you were an employee (not an independent contractor), they WILL advise other state agencies about this employer's noncompliance, believe me.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          need help!

          i am in almost the same kind of deal. i would like to know if you can tell me in a little more detail what and where the DOL is. any help would be great.

          i worked for this guy for two week. found it not working to well so i told him i was done this last monday (4/3/06). i started on 3/20/06. i filled out my w4's and all that stuff on friday (3/31/06. he paid me for one week 500.00 in a check. he told me that i would be paid 2000.00 a mo. so i beleave he needs to pay the 1000.00 for two weeks. he also did not pay taxes from my check. i am just so mad and dont really know what to do. what more can i do?

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          • #6
            Use the website

            I believe their adress is Boli.gov, but you may waqnt to search it with google or another engine. the site will tell you where the headquarters for your county is located and how to contact them. If you're a roofer as well, it sounds like you have my old employer, he did a LOT of things like that, in fact... to everyone I know of under his employment. I dont know if we can mention company names on here, so I'll just ask you if it's run by a man named Bob. if so perhaps you can join me with some other of his employees, in filing with the state DOL. their main offices are in portland, but reigonal offices are by district, if you cant find the website I know that the salem office # is (503) 378-3292 and they definetly have the # for the HQ in portland or can tell you the number for your district

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            • #7
              nope i do h.v.a.c. but this job was working for a barn.

              Comment

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