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  1. #1
    Join Date
    Mar 2013
    Posts
    2

    Angry Deductions Made from Final Paycheck

    My question involves labor and employment law for the state of: OREGON


    i quit the Job without notice.... dont care about that....
    i have a Few problems here
    i received my final paycheck via usps with out asking to have it mailed. which was fine how ever there is 2 Deductions and a letter attached with the check...
    deduction 1 is For my uniform shirts given to me after 3 months of employment totaling $275.00
    deduction 2 is actually in the form Draw As they listed it for Invoices not completed by me so the Business could get paid for them totaling $169.00

    i was heard somewhere the company i worked can not deduct for work uniforms from employees making above min wage if the amount brings the below min wage for that one pay period 8.95x80hr=716.00 my pay was at 11.00x80hr=880...

    The letter attached to my check clear lays out my because i didn't return the the shirts before the end of the pay period that i was being charged for the expense of $275

    it also goes on to say my paperwork from the day i quit was incomplete not allowing them to bill out the invoices and causing them to take a loss on the services performed... also stating on one of the invoices failed to validate a credit card number was no good. once i resolve them and they are compensated in full they will reimburse the amount witch was withheld from my final paycheck...


    on another note.... this job was was hr + com after 8 hrs ..... the first month i was paid hourly logging 60-70 hrs a week... all my checks where paid max 80 hrs for my 2 week period and then he was writing the rest as commissions ... even thought i didn't earn any.... and not paying Time and a half.... there was also many days i would have to work all day with no lunch break... but he deducted 30 mins from every day i work....... But on this last check he paid me for every minuet

    Also there is 8 hours missing from the last pay period that was written on my time clock that would be paid on this check.

    Any help would be Greatly Appreciated !!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deductions Made from Final Paycheck

    Per statute,
    Quote Quoting 652.610. Itemized statement of amounts and purposes of deductions; timely payment to recipient of amounts deducted.
    (1) All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions, except the federal government and its agencies, employing, in this state, during any calendar month one or more persons, and withholding for any purpose any sum of money from the wages, salary or commission earned by an employee, shall provide the employee on regular paydays with a statement sufficiently itemized to show the amount and purpose of the deductions made during the respective period of service that the payment covers.

    (2) The itemized statement shall be furnished to the employee at the time payment of wages, salary or commission is made, and may be attached to or be a part of the check, draft, voucher or other instrument by which payment is made, or may be delivered separately from the instrument.

    (3) An employer may not withhold, deduct or divert any portion of an employee’s wages unless:

    (a) The employer is required to do so by law;

    (b) The deductions are authorized in writing by the employee, are for the employee’s benefit and are recorded in the employer’s books;

    (c) The employee has voluntarily signed an authorization for a deduction for any other item, provided that the ultimate recipient of the money withheld is not the employer and that the deduction is recorded in the employer’s books;

    (d) The deduction is authorized by a collective bargaining agreement to which the employer is a party;

    (e) The deduction is authorized under ORS 18.736; or

    (f) The deduction is made from the payment of wages upon termination of employment and is authorized pursuant to a written agreement between the employee and employer for the repayment of a loan made to the employee by the employer, if all of the following conditions are met:

    (A) The employee has voluntarily signed the agreement;

    (B) The loan was paid to the employee in cash or other medium permitted by ORS 652.110;

    (C) The loan was made solely for the employee’s benefit and was not used, either directly or indirectly, for any purpose required by the employer or connected with the employee’s employment with the employer;

    (D) The amount of the deduction at termination of employment does not exceed the amount permitted to be garnished under ORS 18.385; and

    (E) The deduction is recorded in the employer’s books.

    (4) When an employer deducts an amount from an employee’s wages as required or authorized by law or agreement, the employer shall pay the amount deducted to the appropriate recipient as required by the law or agreement. The employer shall pay the amount deducted within the time required by the law or the agreement or, if the time for payment is not specified by the law or agreement, within seven days after the date the wages from which the deductions are made are due. Failure to pay the amount as required constitutes an unlawful deduction.

    (5) This section does not:

    (a) Prohibit the withholding of amounts authorized in writing by the employee to be contributed by the employee to charitable organizations, including contributions made pursuant to ORS 243.666 and 663.110;

    (b) Prohibit deductions by checkoff dues to labor organizations or service fees when the deductions are not otherwise prohibited by law; or

    (c) Diminish or enlarge the right of any person to assert and enforce a lawful setoff or counterclaim or to attach, take, reach or apply an employee’s compensation on due legal process.
    So, please start by telling us what you authorized.

  3. #3
    Join Date
    Mar 2013
    Posts
    2

    Default Re: Deductions Made from Final Paycheck

    i didn't Authorize anything.... but They sent me a letter on the company letterhead signed by the owner stating why he took it out....

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