Legal Question in Employment Law in Oregon

Re: final paycheck

Short answer, no. In my experience, most judges would award the penalty, court costs and atty fees if the proof establishes that the final paycheck was not provided. The amount of the final paycheck only establishes the amount owed and the penalty (not to exceed 30 days of add'l compensation, as I recall the statute). Go get 'em.

Re: final paycheck

Many judges look unfavorably upon wage penalties, but under the statute they have very little discretion and are required to award the penalty if all the elements are proven. Under a new Oregon statute, a 12-day demand is required and if not given the penalty is limited to 100 percent of the unpaid wages. The statute providing for a penalty also provides that defendant must pay attorneys fees, so a lawyer's assistance usually is quite helpful. Small claims court leaves a great deal of discretion to the judges and correction on appeal is virtually impossible. Good luck.