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My boss did not give me my last paycheck when it was due. Can I request the penalty from him with a 12 day written demand?

Prineville, OR |

I put in my two weeks notice at my last job. Little did I know that in Oregon if you give at least a 48 hour notice your last paycheck is due on your last day. Now I didnt know this at the time but I did ask the owner if I could have my last paycheck early since I was going to be in a tight spot for three weeks while I waited for my first paycheck as a favor. He said absolutely not. I will have to wait for payday like everyone else. That occured 11 days later after my last day. Do I have any grounds for writing a 12 day written demand for the penalties he owes me (8 hours a day at regular pay until I get paid (not to go over 100 percent of what is originally owed to me)) or am I at a lost. I only ask because I incurred late fees from my bills I was unable to pay.

Attorney Answers 2

  1. Yes. Depending upon how you request it, and what you request, you could get one day's wage for each day they are late paying your wages. You have a misunderstanding about the limitation of the penalty wages. That limitation is only if they pay all wages within 12 days. You should contact an employment attorney who handles wage claims to discuss the best way to proceed. The difference in the penlaty could be several thousand dollars depending upon multiple factors including your wage rate.

    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.

  2. Yes, as long as you are not counting weekends or holidays as part of the 48 hours, and you are not represented by a union; if the latter, there may be exclusions as part of a valid bargaining agreement. If payment is not made within 12 days from written notice, the penalties are not limited to the amount owed, just the 30 days. There are also a few other exceptions. See ORS 652.140-150.

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