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 satisfy the written-notice content rule and document the 12-day period in ORS § 652.150(2). Subject to the other caps, exceptions, and defenses in § 652.150, the 100% cap can lift if the Employer does not pay the full unpaid amount within 12 days after receiving this letter.

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

This worksheet does not decide willfulness or whether an exception in ORS § 652.150 applies. The claimant should not state a penalty amount as certain unless counsel has reviewed the facts, the applicable cap, and the statute's motor-vehicle/farm-implement commission, repeat-violation, group-termination, time-record, and financial-inability provisions.

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 reserve the right to submit a wage claim to the Oregon Bureau of Labor and Industries and to pursue any civil remedy available after review of the proper parties, forum, limitations period, and requested relief. Any civil penalty under ORS § 652.900 is assessed by the Commissioner and is not included in this demand as damages owed directly to me.

6. Reservation of Rights; Anti-Retaliation Notice

This letter is not an exhaustive statement of all claims and is sent without prejudice. ORS § 652.355 prohibits specified discrimination because an employee made, discussed, inquired about, or sought advice concerning a wage claim, or participated in related proceedings. Any separate retaliation issue should be documented and reviewed promptly.

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 — BOLI Wage-Claim Intake Worksheet

B.1 Agency and Forum

ORS § 652.330 authorizes the Commissioner of the Oregon Bureau of Labor and Industries to investigate and attempt to adjust wage-claim controversies, take assignments of wage claims, and use court or administrative collection routes. ORS § 652.332 supplies the administrative order-of-determination process and preserves the employer's specified hearing/court-election rights.

Current BOLI contact and filing instructions: https://www.oregon.gov/boli/workers/pages/paychecks.aspx

Confirm the current intake route immediately before filing. Do not rely on a saved address, office list, portal slug, or form revision.

B.2 Filing Method

Record the current BOLI filing method and instructions shown on the agency's live page:

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 and 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 specified discrimination because an employee made or discussed a wage claim, sought advice about one, instituted related proceedings, or testified or is about to testify. Preserve dates, messages, witnesses, and the challenged employment action; use the current BOLI civil-rights intake or counsel for any separate retaliation claim.

B.7 Civil Litigation Alternative

Do not use ORS § 652.230 as a generic unpaid-final-wage cause of action; that section addresses compensation violating Oregon's equal-pay statute. Counsel should identify the correct claim, parties, forum, accrual date, limitations period, and available remedies for the facts presented. ORS § 652.200 governs attorney fees in a qualifying wage-collection action and contains its own notice and employee-contract exceptions.

Part C — Pre-Send Checklist

Substantive

☐ Identified mode of separation and applicable ORS § 652.140 deadline
☐ Confirmed the statutory deadline has passed
☐ Itemized each final-wage category and attached its wage, policy, or agreement basis
☐ Confirmed any vacation/PTO amount is payable under the attached policy or agreement
☐ Calculated total unpaid wages with supporting math
☐ Calculated penalty wage (rate × 8 hrs × days unpaid, capped at 30 days)
☐ Included the estimated amount owed or facts sufficient to estimate it in the written notice
☐ Reviewed every applicable ORS § 652.150 cap and exception
☐ Identified the correct cause of action and limitations period without relying on ORS § 652.230

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 the 12-day period from documented receipt under ORS § 652.150(2)
☐ Calendared follow-up date for BOLI filing if no payment
☐ Current BOLI filing route and form verified on the filing date
☐ 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
☐ Reviewed ORS § 652.200 attorney-fee conditions and exceptions
☐ Tolling agreement requested if employer requests negotiation extension
☐ Litigation hold letter sent if litigation likely

Sources and References

• Oregon Legislature — ORS Chapter 652
• Oregon Laws 2026 — ORS Sections Amended, Repealed, or Added To
• Oregon BOLI — Paychecks and Final Pay