Final Paycheck Demand and Wage Claim — Oregon

Final Paycheck Demand and Wage Claim (OREGON)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

[CLAIMANT FULL LEGAL NAME]
[CLAIMANT STREET ADDRESS]
[CITY], Oregon [ZIP]
Telephone: [____________]
Email: [____________]

Date: [__/__/____]

VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [________________________________]
AND VIA EMAIL TO: [____________]

[EMPLOYER LEGAL NAME]
Attn: [OWNER / HR DIRECTOR / REGISTERED AGENT]
[EMPLOYER STREET ADDRESS]
[CITY], [STATE] [ZIP]

Re: Written Notice and Formal Demand for Payment of Final Wages — [CLAIMANT NAME] — Separation Date [__/__/____] — ORS § 652.150 12-Day Notice

Dear [RECIPIENT NAME]:

I, [CLAIMANT FULL LEGAL NAME], hereby provide written notice under ORS § 652.150 that wages remain due following my separation from [EMPLOYER LEGAL NAME] ("Employer"), and formally demand immediate payment of all earned but unpaid wages owed under ORS Chapter 652.

This letter is intended to trigger and document the 12-day notice period under ORS § 652.150. If the Employer pays all wages owed within 12 days of receipt of this letter, its penalty-wage liability is capped at 100% of unpaid wages. If the Employer does not, the full statutory penalty wage continues to accrue.

1. Employment and Separation

2. Statutory Deadline Under ORS § 652.140

The applicable deadline in my case has passed. As of the date of this letter, the Employer has failed to pay wages owed.

3. Itemized Statement of Wages and Compensation Owed

4. Penalty-Wage Computation Under ORS § 652.150

The Oregon Court of Appeals has held that "willfully" under ORS § 652.150 means the employer knew what it was doing, intended to do it, and was a free agent; good faith is not a defense to willfulness. Kling v. Exxon Co., 74 Or App 399 (1985). The Employer's continuing non-payment after this written notice will be treated as willful.

5. Demand and Deadline

I hereby demand payment in full of $[TOTAL WAGES] within twelve (12) calendar days of your receipt of this letter (i.e., by [__/__/____]), by:

☐ Cashier's check or money order made payable to "[CLAIMANT NAME]" and delivered to the address above;
☐ Electronic transfer (ACH / wire) to the account designated in writing by me; or
☐ Direct deposit to my previously authorized payroll account.

If full payment is not received within the 12-day period, I will (i) file a wage claim with the Oregon Bureau of Labor and Industries, Wage and Hour Division, and/or (ii) commence civil litigation in the appropriate Oregon court to recover unpaid wages, penalty wages, the BOLI civil penalty, prejudgment interest, costs, and mandatory attorney fees under ORS § 652.200.

6. Reservation of Rights; Anti-Retaliation Notice

This letter is not an exhaustive statement of all claims and is sent without prejudice. I expressly reserve all rights, claims, and remedies, including under the federal Fair Labor Standards Act. Oregon law prohibits retaliation against employees who assert wage-and-hour rights (ORS § 652.355), and any retaliatory act will give rise to additional claims and damages.

7. Documents Available Upon Request

Pay stubs, time records, schedule, offer letter / employment agreement, commission agreements, vacation / PTO policy, written and electronic communications regarding pay, separation notice or resignation notice (with date and time given), and final pay stub (if any).

Respectfully,

_______________________________
[CLAIMANT FULL LEGAL NAME]
Date: [__/__/____]

Part B — State DOL Wage Claim Filing

B.1 Agency and Forum

Oregon Bureau of Labor and Industries (BOLI)
Wage and Hour Division
800 NE Oregon St., Suite 1045
Portland, OR 97232
Online wage-claim portal: https://www.oregon.gov/boli/workers/Pages/wage-claims.aspx
General phone: (971) 245-3844 (Portland) / 1-800-237-3710 (toll-free)

B.2 Filing Method

BOLI accepts wage claims through its online portal (preferred), by mail to the Portland address, or in person at any BOLI office (Portland, Salem, Eugene, Bend, Medford). The completed Wage Claim Form, supporting documents, and a signed authorization are submitted together.

B.3 Information to Provide on BOLI Wage Claim Form

B.4 Narrative Statement (Attach)

1. Hire date, position, supervisor, and work site.
2. Compensation terms (rate, frequency, commissions, bonuses, PTO accrual).
3. Date and circumstances of separation, and whether you gave 48 hours' notice.
4. What you were paid at separation and what remains unpaid.
5. Communications regarding final pay (dates, persons, content).
6. Any retaliation, threats, or adverse acts since you raised the issue.
7. Coworkers similarly affected.

B.5 Documents to Attach

☐ Government-issued ID
☐ Offer letter / employment agreement
☐ Pay stubs (entire employment if possible, minimum last 12 months)
☐ Time records / timesheets / clock-in records
☐ W-2 / 1099 / final pay statement
☐ Commission / bonus agreements
☐ Vacation / PTO policy from handbook
☐ Resignation notice or termination letter (with date and time)
☐ Copy of demand letter (Part A) with certified-mail tracking and return receipt
☐ Bank statements showing missing direct deposits
☐ Written communications with employer (text, email, letters)
☐ Witness statements (if any)

B.6 Anti-Retaliation Reminder

ORS § 652.355 prohibits discrimination against an employee for making a wage claim or refusing to work additional hours. Retaliation gives rise to a separate civil cause of action.

B.7 Civil Litigation Alternative

A claimant may bypass or withdraw from the BOLI process and file a civil action under ORS § 652.230 in Oregon circuit court. ORS § 652.200 entitles a prevailing employee to reasonable attorney fees (unless the employer tendered full wages before the action was filed and the tender remained good through judgment). Statute of limitations is 6 years for wage claims (ORS § 12.080); shorter for penalty wages. Counsel should evaluate concurrent FLSA claims (29 U.S.C. § 216(b)) for overtime/minimum-wage.

Part C — Pre-Send Checklist

Substantive

☐ Identified mode of separation and applicable ORS § 652.140 deadline
☐ Confirmed the statutory deadline has passed
☐ Itemized each wage category (regular, OT, commissions, bonuses, PTO, expenses)
☐ Confirmed PTO is treated as earned under employer policy or practice
☐ Calculated total unpaid wages with supporting math
☐ Calculated penalty wage (rate × 8 hrs × days unpaid, capped at 30 days)
☐ Drafted clear "written notice" language to start the 12-day safe-harbor clock
☐ Evaluated "willfulness" facts under Kling / Sabin standard
☐ Considered concurrent FLSA claim for overtime / minimum wage
☐ Checked statute of limitations (6 years wages / 2 or 3 yrs FLSA)

Document Assembly

☐ Demand letter (Part A) signed and dated
☐ Pay stubs and time records gathered
☐ Resignation notice or termination notice with date/time of notice
☐ Employment agreement, commission/bonus, and PTO policies located
☐ Final pay stub (if any) located
☐ Bank records showing missed direct deposits gathered
☐ Witness contact information recorded

Delivery and Filing

☐ Demand letter sent by U.S. Certified Mail, Return Receipt Requested
☐ Tracking number recorded; delivery date calendared
☐ Copy emailed with read receipt
☐ Calendared 12-day safe-harbor deadline
☐ Calendared follow-up date for BOLI filing if no payment
☐ Online BOLI wage-claim draft prepared
☐ All exhibits PDF'd and named consistently
☐ Backup copy of complete file retained off-site or in cloud

Litigation / Escalation

☐ Counsel retained or consultation calendared
☐ Considered ORS § 652.200 mandatory attorney-fee exposure for defendant
☐ Tolling agreement requested if employer requests negotiation extension
☐ Litigation hold letter sent if litigation likely

Sources and References

• ORS § 652.140 — Payment of wages on termination of employment: https://oregon.public.law/statutes/ors_652.140
• ORS § 652.150 — Penalty wage for failure to pay wages on termination: https://oregon.public.law/statutes/ors_652.150
• ORS § 652.200 — Attorney fee in action for wages: https://oregon.public.law/statutes/ors_652.200
• ORS § 652.230 — Employee right of action for unpaid wages and damages: https://oregon.public.law/statutes/ors_652.230
• ORS § 652.355 — Anti-retaliation: https://oregon.public.law/statutes/ors_652.355
• ORS Chapter 652 (full text): https://www.oregonlegislature.gov/bills_laws/ors/ors652.html
• BOLI — Paychecks information for workers: https://www.oregon.gov/boli/workers/pages/paychecks.aspx
• BOLI — Wage Claims portal: https://www.oregon.gov/boli/workers/Pages/wage-claims.aspx
• OAR 839-001-0420 (final pay timing): https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=839
• OAR 839-001-0470 (penalty wage): https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=839
• Kling v. Exxon Co., 74 Or App 399, 703 P2d 1021 (1985)
• Sabin v. Willamette-Western Corp., 276 Or 1083, 557 P2d 1344 (1976)
• Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.: https://www.dol.gov/agencies/whd/flsa