I am in Portland Oregon, all of this happened last week (3/28/2019) I am currently reviewing and weighing my options with filing BOLI wage claim and/or getting a lawyer involved.
I requested my paystubs after a particular grueling set of work weeks that had accrued nearly 70 hours of overtime for the pay period. While reviewing the paystubs, I found a random deduction for $750.00 that had been taken out as a draw, without my request or permission, and that I had never received. I also noticed that I had been paid only a portion of my overtime wages and several work weeks that had overtime recorded were not included in the payroll calculations over the last 3 months - over $1200 worth.
All of these hours were recorded in a project management site called Basecamp, inputted on a weekly basis by each employee who was asked to keep track of their own hours. I kept copies of all the cvs time report sheets for my personal storage after inputting them each week. I also have hard copies from my notebook detailing every hour put in, with specific work that I did each day. I can also put together witness statements from other employees stating the labor hours are accurate (we all worked similar daily schedules)
I sent an email to the company boss, CCing the accountant as well, detailing the draw and unpaid overtime I had found. I included spreadsheets directly copied from the Basecamp records showing my weekly hours and overtime. I politely asked to be paid what I was owed, reimbursing the draw and paying the unpaid overtime.
That night the company boss sent an email stating that I was not allowed back to work unsupervised by him or the building Manager (we work in a shop facility) And then sent a follow up email stating that my FOB access key had been deactivated and I would be fined if I didn't turn it in. There was no response to the wage questions.
I took this as being terminated from employment, that night. The only other employee who has ever had their FOB deactivated was fired, for separate reasons.
I then sent a follow up email the next morning stating that BOLI law is pretty clear here and I am trying to give the company a chance to resolve this peacefully. There was a follow up phone call where the boss stated that "He should have been notified before the overtime happened" and that they are reviewing the documents. I recorded that phone call.
I also informed him that as I am no longer an employee, I need to be paid all of my remaining wages in full by the end of the next business day. I was not paid. I still haven't been paid as of this writing.
What are my options to move forward here? Am I in the right concluding that deactivating my Fob and limiting my access to the shop (which may still have some of my belongings in it, btw) is the equivalent of firing me? The next pay period is April 1st - What happens if he suddenly pays me what's owed, do I still have a case here? I also see that filing a wage claim with BOLI can sometimes get tied up bureaucratically. Am I better off heading straight to a law firm? As mentioned above, my financial situation is a bit tight right now, so low-cost labor law services or pro-bono law firm recommendations would be greatly appreciated. Any and all input would be greatly appreciated, as I want to get paid what I am owed!
Written By: toothepastehombre
Source: https://ift.tt/2UlWDYq
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