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Wage & Salary Issues

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Angeliclv4u

Junior Member
Oregon

To Whom It May Concern:

I am not sure who or how to go about this. First I need to explain the predicament I am in. I’m a WV Resident, female, 54 years old that came to Oregon, November 2008 with my fiance that works for a company here. The company was going through tough times and asked us to temporarily relocate back here to help get the company back on it's feet The company needed a receptionist so I took over the job of answering phones, taking messages, relaying messages, copying,preparing fax & bid proposals, filing and anything else I was asked to do. I filled out an application with all my proper identification copied and put in my folder, which my employer has yet to sign. I also have documented all my hours from December 8, 2008 to October 30, 2009. When I started work there the owner said he couldn't pay wages until the company was on stable ground to do so and as soon as it was he would discuss wages and salaries with us. It’s now October 2009, the company is doing great, a lot of projects have been landed by my boyfriend, he’s the estimator for the company. The company is doing so well that the owner has since bought into (49% ownership) of another roofing company in California. I have yet to see a paycheck and its my understanding that neither my name or my boyfriend's name was ever listed on the certified payroll that was turned in several times in the past year to General Contractors on prevailing wage projects we subcontracted at. The owner didn't want to pay out those large wages to us in the office, so he chose to not list us as employees.

I want to return to my home state of WV, the owner of the company has promised me many times to get me a flight ticket to go home to spend time with my baby grandson's that were born while I have been here and I have yet to even meet or hold. They are now 7 months old now. I still haven't seen that ticket. When I remind him he never comes through..I am turning to family and friends in hopes they can help get a ticket back to WV.

My questions are, what can I do to collect the back pay owed to me since I wasn't listed on the certified payroll? Can I go back to WV and handle whatever proceedings that will be required from there or do I have to stay in Oregon until this is resolved? How long will it take to collect these wages owed to me?
 
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pattytx

Senior Member
Why in the heck did you wait so long? I just don't understand why people continue working for over a year having never received a paycheck. :eek:

Since the work was performed in Oregon, it must be addressed within Oregon or with the federal Dept of Labor. You can file a claim for unpaid wages with the Bureau of Labor and Industries (the Dept. of Labor in Oregon) for whatever period they will accept a claim for. Unfortunately, the link is not opening at the moment on my computer, so I'm not sure what the statute of limitations for filing the claim is. If the SOL has passed for XX period, you can file with the federal Dept. of Labor or a civil suit in the Oregon courts.
 

eerelations

Senior Member
Why in the heck did you wait so long? I just don't understand why people continue working for over a year having never received a paycheck. :eek:
I know, I agree, it's astounding!!!

OP were you aware ever during this time that it's completely and utterly illegal to make an employee work for even one minute for no pay, or even "deferred" pay?
 

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