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Wage Claims

 

Attorney for Oregon Wage Claims

At this time Clark law and Associaes, LLC does not handle employment discrimination claims.  However, Clark Law and Associates, LLC handles claims for unpaid wages.

Frequently asked questions:

  • If an Oregon employee is fired, how long does an employer have to pay unpaid wages? No later than the end of the first business day after the discharge or termination.  See ORS 652.140(1).
  • If an Oregon employee quits, how long must the employee wait to be paid? 
    • Immediately if the employee has given the employer at least 48 hours’ notice, excluding Saturdays, Sundays, and holidays.  See ORS 652.140(2).
    • If less than 48 hours of notice was given the employer has 5 days to pay excluding weekends and holidays or at the next scheduled payday, whichever is first.  See ORS 652.140(2).
  • What is the penalty if wages are not paid on time? 
    • Pursuant to ORS 652.150, if the employee or a person on behalf of the employee sends a written notice of nonpayment, the penalty may not exceed 100 percent of the employee’s unpaid wages or compensation unless the employer fails to pay the full amount of the employee’s unpaid wages or compensation within 12 days after receiving the written notice.
    •  If an employer willfully fails to lawfully pay an employee whose employment ceases, then, as a penalty the wages shall continue from the due date of the wages at the same hourly rate for eight hours per day until paid or until a lawsuit is filed.  However, the penalty cannot exceed 30 days.  Note:  There are exemptions if the employer cannot afford to pay the employee.  ORS 652.150(5).
  • Will my Oregon employer have to pay my attorney fees if I file a lawsuit for unpaid wages?  Pursuant to ORS 652.200, an employer must pay attorney fees unless the employee has willfully violated the employment contract or unless the attorney failed to give written notice of the wage claim to the employer before filing a lawsuit.
  • What are the rates of Clark Law and Associates, LLC to handle an Oregon wage claim?  We initially charge our standard hourly rates to send a demand letter to your employer.  Provided you have not violated your employment agreement and your employer has the ability to pay, we usually accept Oregon wage claim cases on an alternative fee arrangement.