Legal Question in Employment Law in Oregon
Final paycheck
I quit and my ex employer refuses to give me my final paycheck until I return a company phone, I told them I will give them the phone when I have my check in my hand
2 Answers from Attorneys
Re: Final paycheck
You are entitled to be paid all compensation due at time of termination. If not paid by the end of the business day after termination, you are entitled to penalty wages. On the other hand, the employer is entitled to have its property returned. You will be better off returning the property and then looking at your entitlement to a penalty.
To get the full penalty, an appropriate written demand must be made. You should get the assistance of an experienced employment lawyer who can help maximizing the penalty to which you may be entitled. The statute giving you the right to penalties also provides for payment of attorneys fees by the employer.
This is not specific legal advice, but a general comment on your inquiry. For legal advice about a specific question, you must establish an attorney client relationship with a lawyer and provide all the relevant facts and circumstances. Please also be aware that you have only a limited time in which to commence an action to enforce your rights. If you intend to pursue a potential claim, consult an attorney without delay and establish an attorney client relationship.
Craig A. Crispin
CRISPIN EMPLOYMENT LAWYERS
500 Plaza West
9600 SW Oak Street
Portland, Oregon 97223
503.293.5759
Re: Final paycheck
Reply of Craig Crispin is most appropriate which may be act upon.