gave two weeks final paycheck wasnt given today

[jlhansenor]

What is the name of your state? OREGON

I GAVE MY TWO WEEKS NOTICE
TODAY WAS MY LAST DAY!
MY EXIT INTERVIEW WAS AT 9:30 THIS MORNING.
THEY SAID I COULD LEAVE FOR THE DAY WHEN MY FINAL PAYCHECK CAME IN AROUND 4PM, MY SHIFT USUALLY ENDS AT 6PM.
I WENT TO HR AT 4:45 EVERYONE WAS GONE AND THE RECEPTIONIST DIDNT HAVE MY PAYCHECK. SHE SAID THEY HAD COMPUTER PROBLEMS AND TO COME BACK MONDAY OR SHE COULD MAIL IT OUT.
I THOUGHT BY LAW I HAD TO HAVE MY CHECK TODAY??

 

[cbg]

Please do not type in all caps. It makes your post very hard to read and is considered shouting on the Internet.

Yes, under Oregon law since you gave more than 48 hours notice you should have received your check today. However, it's not inconceivable that she is telling you the truth. Such things do happen. Do you have any PROOF that she was lying? And if she wasn't lying, what would you expect her to do?

If I were in your shoes, I would come back Monday as suggested. If they have the check, then no harm, no foul. If they don't, then your next step would be to contact the state DOL.

 

[LittleNapolean]

Since you gave more than 48 hrs notice that you were leaving you should have received your final check immediately (on your last day).

Civil Penalty for Withholding Final Wages
If an employer willfully fails to pay any part of an employee's final wages when due, then, as a penalty, the compensation of the employee shall continue from the appropriate due date, at the same regular hourly rate, for eight hours per day, until the wages are paid or until an action for collection is filed. The maximum penalty is for 30 days compensation. ORS 652.150

(Edit: Weekends count in computing the penalty)

 

[jlhansenor]

cbg thanks and

sorry about the all caps

 

[jlhansenor]

Please do not type in all caps. It makes your post very hard to read and is considered shouting on the Internet.

Yes, under Oregon law since you gave more than 48 hours notice you should have received your check today. However, it's not inconceivable that she is telling you the truth. Such things do happen. Do you have any PROOF that she was lying? And if she wasn't lying, what would you expect her to do?

If I were in your shoes, I would come back Monday as suggested. If they have the check, then no harm, no foul. If they don't, then your next step would be to contact the state DOL.

they put in a new time card system and have been having problems for days
that wasnt my fault they knew they were having problems they could have hand written me a check they promised i'd have it today..i bounced a check

 

[cbg]

Ah, but the operative word here is 'willfully'. If there really was a problem with the computer run that held up everyone's check, that's not a willful violation.

I've never worked with the OR DOL, but I can tell you what my state's would say if someone called on Monday to complain that they were due their check Friday; that they were told there was a problem with the run and were told to come back Monday. They'd say, "Well, DID you go back today? If not, why not? Do it now, and if you don't get the check, call us back".

Again, at least give them the chance to prove they were telling the truth. If they weren't, it'll be obvious and you can make your complaint then. But if you do get your check Monday, you're all set.

 

[jlhansenor]

thanks guys

 

[LittleNapolean]

Ah, but the operative word here is 'willfully'. If there really was a problem with the computer run that held up everyone's check, that's not a willful violation.

I've never worked with the OR DOL, but I can tell you what my state's would say if someone called on Monday to complain that they were due their check Friday; that they were told there was a problem with the run and were told to come back Monday. They'd say, "Well, DID you go back today? If not, why not? Do it now, and if you don't get the check, call us back".

Again, at least give them the chance to prove they were telling the truth. If they weren't, it'll be obvious and you can make your complaint then. But if you do get your check Monday, you're all set.

Perhaps your state's wage laws are different from Oregon's? Are you aware of any other state with such draconian final pay requirements (due immediately, penalty of 8hrs per day if not paid immediately)?

Yes, I agree that the operative word is "willful". The Oregon Supreme Court defined "willful" as used in 652.150 as follows:

"'* * * the word "willful" * * * does not necessarily imply anything blamable, or any malice or wrong toward the other party, or perverseness or moral delinquency, but merely that the thing done or omitted to be done was done or omitted intentionally. It amounts to nothing more than this: That the person knows what he is doing, intends to do what he is doing, and is a free agent.'

The court also stated "employers willfully fail to pay their employees when they "fail to compensate their employees although they are fully aware of their obligation to do so."

I would demand the penalty wages and I would hope when I stopped by Monday afternoon to pick it up they had taken it upon themselves to mail it.

 

[cbg]

That's your perogative.

However, I prefer to think a little further in the future. For the sake of argument, let's say that the poster takes your advice; files a complaint immediately and demands penalty wages. For the further sake of this discussion, let's also suppose that that there really was a computer problem, which actually seems quite likely in view of the additional information provided by the poster; that ALL checks were held up, not just his.

I've been in payroll. I've also been part of a team that worked all weekend, 8 hours on Saturday and 12 hours on Sunday, trying to get a hardware system that had been damaged up and running for Monday morning. It's not a lot of fun.

So due to a hardware problem that affected all employees (INCLUDING the payroll personnel - they're not immune) this employee and this employee only files a complaint with the state and demands a penalty. The state fines them. Technically, they ARE out of compliance.

Some months or even years later, this poster changes jobs and needs a reference. They look back in their file and see that despite the fact that they'd had the check ready for him on Monday as promised, he'd filed a complaint and demanded penalty wages. They'd acted in good faith; he'd not been willing to grant them any kind of slack despite their efforts to

What kind of reference, if any, do you suppose they're going to provide? Remember that they may legally give any information that is TRUE, regardless of whether it is negative or not.

Poster, with all due respect, YOU are responsible for seeing that you have the funds in your account to meet any checks that you write. If you bounced a check because you wrote one before you actually had the check in your hand, that is NOT the employer's fault legally.