Oregon Final Paycheck Demand Letter
In Oregon your final wages are due by the end of the first business day after you are fired, and within five business days if you quit without notice. A willful late payment can add penalty wages of eight hours of pay per day for up to 30 days. Attorney review available.
Introduction
A final paycheck demand letter is a written demand a departed Oregon employee sends a former employer to collect final wages that were not paid by the state deadline, before filing a wage claim with the Bureau of Labor and Industries or in court. In Oregon the timing depends on how the job ended. If the employer discharged the employee or the job ended by mutual agreement, all wages earned and unpaid are due by the end of the first business day after the discharge (ORS 652.140(1)). If the employee quit after giving at least 48 hours notice, excluding weekends and holidays, the wages are due immediately at the time of quitting; if the employee quit with less notice, the wages are due within five business days or on the next regular payday, whichever comes first (ORS 652.140(2)). If the employer willfully fails to pay on time, the employee's wages continue as a penalty at the same hourly rate for eight hours per day until paid, for up to 30 days (ORS 652.150(1)). Oregon does not require payout of accrued unused vacation; that is paid only where an employer policy or agreement provides for it. If the demand is ignored, the employee can file a wage claim with the Oregon Bureau of Labor and Industries. DocDraft builds your Oregon final paycheck demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A final paycheck demand letter is a written demand a departed Oregon employee sends a former employer to collect unpaid final wages, before filing a wage claim with the state labor agency or suing.
- 2
If the employer discharged the employee or the job ended by mutual agreement, all wages earned and unpaid are due by the end of the first business day after the discharge (ORS 652.140(1)).
- 3
If the employee quit after giving at least 48 hours notice, excluding weekends and holidays, wages are due immediately at quitting; with less notice they are due within five business days or the next regular payday, whichever comes first (ORS 652.140(2)).
- 4
If the employer willfully fails to pay final wages on time, the employee's wages continue as a penalty at the same hourly rate for eight hours per day until paid, for up to 30 days (ORS 652.150(1)).
- 5
Oregon does not require payout of accrued unused vacation on separation; vacation is paid only where an employer policy or agreement provides for it, so check your policy before you claim it.
- 6
An Oregon employer may withhold from wages only amounts required by law, authorized in writing by the employee for the employee's benefit, or authorized by a collective bargaining agreement; deductions for breakage or shortages are generally not allowed (ORS 652.610).
- 7
If the demand is ignored, an Oregon employee can file a wage claim with the Bureau of Labor and Industries Wage and Hour Division, and the general limit to sue for unpaid wages on a contract is six years (ORS 12.080).
Key decisions before you file
Before you file a Final Paycheck Demand Letter in Oregon, a few decisions shape the document: which option to choose and what each one means. The Final Paycheck Demand Letter guide walks through them.
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Oregon Requirements for Final Paycheck Demand Letter
Final Pay Is Due the First Business Day If You Were Fired
If an Oregon employer discharges an employee or the job ends by mutual agreement, all wages earned and unpaid are due by the end of the first business day after the discharge or termination (ORS 652.140(1)). Your demand letter should state that this deadline has passed.
Final Pay If You Quit: Notice Sets the Deadline
If an Oregon employee quits after giving at least 48 hours notice, excluding weekends and holidays, wages are due immediately at quitting; with less notice, wages are due within five business days or on the next regular payday, whichever comes first (ORS 652.140(2)). State your last day and the resulting due date.
Penalty Wages of Eight Hours Per Day Up to 30 Days
If an Oregon employer willfully fails to pay final wages on time, the employee's wages continue as a penalty at the same hourly rate for eight hours per day until paid or until an action is filed, but not for more than 30 days (ORS 652.150(1)). Reserve this penalty in your letter.
Vacation Payout Depends on Your Policy
Oregon final wages always include earned unpaid wages. Oregon does not require payout of accrued unused vacation on separation; vacation is paid only where an employer policy or agreement provides for it. Check your policy before you claim a vacation payout, and list it only if it is owed.
Limits on Deductions From a Final Paycheck
An Oregon employer may withhold from wages only amounts required by law, authorized in writing by the employee for the employee's benefit, or authorized by a collective bargaining agreement (ORS 652.610). Deductions for breakage, cash shortages, or lost equipment are generally not allowed. Dispute any improper deduction.
Where to File a Wage Claim in Oregon
If the demand is ignored, an Oregon worker can file a wage claim with the Bureau of Labor and Industries Wage and Hour Division through its complaint process. The division reviews the claim, notifies the employer, and can investigate whether the wages are owed. Keep your records for the claim.
Send With Proof of Delivery
Send the demand to the employer's address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. In Oregon, written notice of nonpayment can also affect the penalty-wage calculation, so proof of your demand matters.
Deadline to File for Unpaid Wages
In Oregon the general limit to sue for unpaid wages on a contract is six years (ORS 12.080), while penalty-wage claims carry a shorter limit and some Bureau of Labor and Industries complaints must be filed within 180 days of the first violation. Filing promptly is the practical course.