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 in full on 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:
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Whether the employer is required to do so by the federal government, the state of Oregon, or the courts. Basically, this means that it’s okay for your employer to deduct items like taxes and garnishments from your paycheck.
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If you authorized the deduction(s). The classic example is a deduction for contributions to an employee’s 401(k).
If an employer withholds or deducts amounts from an employee’s paycheck, it must provide the employee with a statement at the time of pay that details the deductions and states the purpose of the deductions.
When is my paycheck due if I quit or get fired?
In Oregon, when an employee resigns, all wages earned up to the date of termination are due 5 days after the employee resigns. This means that by the fifth day he must, by law, receive his last paycheck.
When an employee gives at least 48 hours notice of intent to resign, the final paycheck is due on the last day worked.
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 after the termination or termination.
What if my paycheck is not for the full amount?
If an employer intentionally fails to pay all wages owed to an employee upon termination, it may be liable, 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 the action is initiated or wages are paid, up to a maximum of 30 calendar days.
For example, if you earned $15 an hour and are fired on Friday, your final paycheck is due the following Monday (as long as it’s not a holiday). If your employer does not pay you on Monday but pays you on Friday. You are potentially owed a $600 fine (5 days x 8 hours x $15).
These fines are capped at 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 THE STORY: Make a written request for any missing wages!
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