Legal Question in Employment Law in Oregon

Work says that I was overpaid hours...taking out of my final check

My last paycheck I received was on the 31st of May. This paycheck was pay for my work from May 1-15th. June 9th was my last day, so therefore I have 3 weeks of work that I have not yet been paid for (May 16-June 9).

The accounting guy hands me a paycheck today for 69 hours....I worked 142 hours plus 20 overtime in the last 3 weeks. The company is claiming that over the last 4 years, they have overpaid me 60+ hours and that they are now deducting it from my final check....this, of course, is not documented on the actual paystub, but is just done off the books.

This can't be legal, correct? Also, since I gave a 2 week notice, aren't they required by law to give me my full paycheck on my last day of work? I put up a fight, but the accounting department is sticking by their guns.

Should I hire a lawyer? We're talking about $1500 -$2000 that they owe me here...I'm worried that the lawyers fee will be just as much, if not more. WTF do I do?


Asked on 6/09/06, 6:56 pm

1 Answer from Attorneys
Craig Crispin Crispin Employment Lawyers

Re: Work says that I was overpaid hours...taking out of my final check

Oregon law provides excellent protection for unpaid wages upon termination. The law requires the employer to pay the employee's attorneys fees, which means that even a small amount of unpaid (or late-paid) wages can be cost effectively recovered. In addition, late payment requires the employer to pay penalty wages in most cases, which can be as much as 30 times the daily rate of pay (8 times the hourly rate times 30). Contact a lawyer. Most will take such cases on a contingency basis (i.e., no hourly fees, with compensation to the lawyer taken out of the amount received, or by the separate award of attorneys fees paid by the employer).

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Answered on 6/09/06, 7:09 pm


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