What to do if Your Employer Doesn’t Pay

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My Employer Didn’t Pay Me What He Owed

I’m 45-years-old and I’ve had more employers than I can remember. This is the first time I’ve ever had one who didn’t pay me what he owed. It just seems like there should be something that you can do. I mean, you did the work, right? You should get paid.

I asked this question a couple weeks ago hoping that someone here might have some experience, but the answers were mostly guesses. I did continue to look for answers though. I mean really, I figure the guy owes me about $2500 … that’s worth a day’s research, don’t you think?

Oregon State Employment Laws

Most states have similar laws, but you will want to find out how your state may differ from Oregon.

In Oregon, your employer is required to give you your final check on the day you quit… if you gave him at least 48 hours notice. If you quit without notice he has 48 hours to get you your final check. They are required to mail the check too.

In addition to your pay, you may be entitled to “penalty wages.” For every day past this cut-off the employer is responsible to pay you up to 8 hours at your regular rate. Unfortunately, you have to sue them to collect the extra wages, and it caps out at 100% of the amount owed in your final check.

I also learned that a lot of excuses like “they didn’t give notice” or “they didn’t return their tools” don’t help the employer out legally. You did the work, they owe you the money. Your responsibility is to provide proof that you were an employee and what hours you worked there.

If you are thinking about quiting your job you may want to start copying your time card, receipts, or anything else that might help you verify your employment. Make sure you have the name address and phone number of a few co-workers – especially one would be willing to sign a statement that you really did work there your final few days or weeks.

Filing a Wage Claim Form

There is a form that you fill out to get the state to collect your wages for you. It also becomes a matter of public record. Even if you don’t want to be bothered, or maybe you aren’t owed that much, but at least it can serve as a warning to other people who are researching the bum as a potential employer. You can also file a claim against an employer for not paying on time, not paying over-time, etc. You may not be able to collect money, but you can make the complaint part of the public record so other people will be warned about the company or person who has not paid you what you earned.

In my case, I told my employer that I was filling out the forms and he mysteriously appeared on my doorstep two days later (in spite of supposedly being broken down in Georgia…???) with a check in hand. The amount is still in dispute, but he’s bending over backwards to try to make me happy with the pay before I actually mail in this claim. Don’t know what the state would do to him, but I guess he doesn’t want to find out.

I may still file a claim for the “late” issue though. People really ought to be able to find out about this kind of thing before they accept a job.

Where to Find Help

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