I was laid off from a construction company in good terms, returned my company owned tools and I necer received my last pay check

Attorney answers (3)

1. Licensed in OR

   

   Kevin Parks

   Portland Employment / Labor Attorney

   Contributor Level 14

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   Lawyer agrees

   Answered January 31, 2012 17:39. You should contact an attorney immediately. You're entitled not only to your wages, but also likely penalty wages which accrue on a per day basis. Additionally, these suits carry with them an award of attorney fees, so you're likely to find representation on a contingency fee basis with no out-of-pocket funds expended up front at all.

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2. Licensed in OR

   

   Scott T Cliff

   Portland Employment / Labor Attorney

   Contributor Level 5

   1

   Lawyer agrees

   Answered February 01, 2012 12:17. You sould retain a lawyer with wage collection experience as soon as possible. How the penalties are calculated can depend on how you handle the process. Also, having a lawyer will encourage your former employer to settle the matter quickly because attorneys' fees are recoverable by the employee if a suit is filed and a judgment is entered for the employee. Even if the employer prevails, it cannot typically recover its attorneys' fees. Thus the employer's potential liability increases the more it fignts; whereas the employee can typicaly retain a lawyer on a contingent fee basis and not have to worry about paying the employer's legal fees if the claim is unsuccessful. I do a lot of these cases and always prefer to be on the employee's side.

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3. Licensed in OR

   

   David A Schuck

   Portland Employment / Labor Attorney

   Contributor Level 12

   1

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   Answered February 02, 2012 09:06. There could be multiple claims here. Not enough facts given to determine. You could have a minimum wage claim, an overtime claim, and you have a late payment claim. When you were laid off, your wages were likely due the next business day. ORS 652.140. When the employer does not pay you wages timely, the law artificially continues your wages. You are due one full day's wage for each day they willfully fail to pay your wages. In addition, you can recover your costs and attorney fees. Some attorneys, like Schuck Law, take these cases on a contingency fee basis essentially being paid to win your case.

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