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

Stayton, OR |

I was a supervisor and I left on good terms yet I have called multiple times tithe owner and he never answers or calls back. I also calls the accountant and she didn't know anything about it.

Attorney Answers 3


  1. 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.

    If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially taking your case, please feel free to click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.


  2. 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.


  3. 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.

    Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.

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