Legal Law

Where is my paycheck?

Oregon law requires employers to pay employees at least once every 35 days. Oregon law also dictates that employees must be paid on time and paid the full amount due each payday. What a revolutionary idea!

What happens if your employer deducts the payment from your paycheck?

Generally, your employer cannot withhold money from your paycheck. The big exceptions may not surprise you:

  • If the employer is required to do so by the federal government, the state of Oregon, or the courts. This basically means that it is okay for your employer to deduct items like taxes and garnishments from your paycheck.
  • If you authorized the deduction (s). The classic example is a deduction for contributions to an employee’s 401 (k) plan.

If an employer withholds or deducts any amount from an employee’s paycheck, it must provide the employee with an account statement at the time of pay that itemizes the deductions and states the purpose of the deductions.

When does my paycheck expire if I quit or get fired?

In Oregon, when an employee resigns, all wages earned through the termination day are due 5 days after the employee resigns. This means that on the fifth day you must, by law, receive your final paycheck.

When an employee gives at least 48 hours notice of their intention to resign, the last day of work expires on the last day of work.

When an employer terminates an employee or when employment is terminated by mutual agreement, the employer must pay all wages by the end of the next business day following the termination or termination.

What if my paycheck is not for the full amount?

If an employer deliberately fails to pay all wages owed to an employee upon termination, they may be held liable, such as a penalty, for the amount of the employee’s wages from the due date at the same hourly rate for 8 hours per day until action is initiated or wages are paid up to a maximum of 30 calendar days.

For example, if you made $ 15 an hour and are fired on Friday, your final paycheck is due the following Monday (as long as it is not a holiday). If your employer does not pay you on Monday but pays you on Friday. Potentially, you are owed a fine of $ 600 (5 days x 8 hours x $ 15).

These penalties are limited to the amount of wages owed to you, unless the employer fails to pay within 12 days of receiving written notice of non-payment.

MORAL OF HISTORY: Make a request in writing for any missing wages!

© 7/31/2018 Hunt & Associates, PC All rights reserved.

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