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.
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
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.
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.
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.
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.
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.
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 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.
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.
Frequently Asked Questions
It is a written demand a departed Oregon employee sends a former employer to collect final wages that were not paid by the deadline Oregon sets. The letter names the wages owed, the separation date and type, and the deadline the employer missed under ORS 652.140, and it demands payment by a set date. It documents that you asked for your wages before you file a wage claim with the Bureau of Labor and Industries, and it can note the penalty wages of up to 30 days under ORS 652.150.
It 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 quitting; with less notice they are due within five business days or on the next regular payday, whichever comes first (ORS 652.140(2)). Once that deadline passes with no payment, a demand letter is the usual next step.
When an Oregon employer willfully fails to pay final wages on time, the employee's wages continue as a penalty from the due date at the same hourly rate for eight hours per day until the wages are paid or an action is filed, but not for more than 30 days (ORS 652.150(1)). The penalty is measured by your hourly rate, not the amount still owed, so it can add up. In some cases where the employee gives written notice of nonpayment, the penalty is capped at 100 percent of the unpaid wages.
Not automatically. Oregon does not require an employer to pay out accrued unused vacation when the job ends. Whether you are owed a vacation payout depends on your employer's written policy or your employment agreement. If the policy or agreement promises payout of unused vacation on separation, that amount becomes wages the employer must pay, and you should list it in your Oregon final paycheck demand letter. If there is no such policy, do not claim it.
An Oregon employer may withhold from your wages only amounts required by law, such as taxes and garnishments, amounts you authorized in writing for your own benefit, such as insurance premiums, or amounts authorized by a collective bargaining agreement (ORS 652.610). Deductions that mainly benefit the employer, such as for breakage, cash shortages, or lost equipment, are generally not allowed, even with a signed agreement. You can dispute an improper deduction in your demand letter.
If the employer ignores your demand, you can file a wage claim with the Oregon Bureau of Labor and Industries Wage and Hour Division through its complaint process. A specialist reviews the claim, notifies the employer, and can investigate whether the wages are owed. Sending a demand letter first often resolves the dispute, and if it does not, the letter and your delivery record become evidence that you tried to collect your final wages before filing.
In Oregon the general limit to sue for unpaid wages on a contract is six years (ORS 12.080), while claims for penalty wages carry a shorter limit and some Bureau of Labor and Industries complaints must be filed within 180 days of the first violation. Deadlines turn on the facts and the type of claim, so sending your demand letter and filing your wage claim promptly is the practical course rather than waiting near a limit.
An Oregon demand letter should identify you and the employer, give your dates of employment and how and when the job ended, and state the wages owed, including any vacation payout your policy promises. It should note that the deadline under ORS 652.140 has passed, reserve the penalty wages of up to 30 days under ORS 652.150, and demand payment by a specific date. Closing with your intent to file a wage claim with the Oregon Bureau of Labor and Industries reinforces the demand.