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Default Judgment Filing Guide
Summary
In Oregon, you can claim unpaid wages and consequential damages if financial hardship resulted from delayed payments. Oregon law allows penalties for willful wage withholding. Misclassification as an independent contractor may affect your case. Employees typically have less control over work conditions and receive regular payments. Gather documentation like contracts, emails, and payment records to support your claim. Consider proving misclassification if your working conditions align more with those of an employee.Full Conversation
I've had to use money in savings to pay for rent and groceries because my commission on a closed contract in particular was withheld. Specifically, I quit this job because they were playing games with my commission payment.
In Washington, you may be eligible to claim more than just the unpaid wages if the delay has caused significant financial hardship. Here are some key points:
- You can claim for unpaid wages.
- You may also be able to claim for consequential damages, such as financial hardship caused by the unpaid wages.
- Washington law may allow for penalties against employers for willfully withholding wages.
Have you documented the financial hardships caused by the unpaid wages?
- You can claim for unpaid wages.
- You may also be able to claim for consequential damages, such as financial hardship caused by the unpaid wages.
- Washington law may allow for penalties against employers for willfully withholding wages.
Have you documented the financial hardships caused by the unpaid wages?
I'm in Oregon, please restate for the state that this lawsuit is happening in.
Got it! Here is the relevant information for Oregon:
- You can claim for unpaid wages.
- You may also be able to claim for consequential damages due to financial hardship caused by the unpaid wages.
- Oregon law allows for penalties against employers for willfully withholding wages.
Have you documented the financial hardships caused by the unpaid wages?
- You can claim for unpaid wages.
- You may also be able to claim for consequential damages due to financial hardship caused by the unpaid wages.
- Oregon law allows for penalties against employers for willfully withholding wages.
Have you documented the financial hardships caused by the unpaid wages?
No, not yet. In particular, I'm actually more curious about this last point you made. Specifically, Oregon and Multnomah county provides protections for employees who's last paycheck is not rendered within 14 days of that employee terminating their employment contract. I have a contract showing that I am a contract employee, an independent contractor, which are typically not protected in the same way. That said, I'm curious if I actually qualify to be an independent contractor in the state of oregon. Just because I said I was one, doesn't make me one. Can you explain the difference>?
Case Rating: *
Sure, here's a brief explanation of the difference between an employee and an independent contractor in Oregon:
- Control: Employees are generally under the control of the employer regarding how, when, and where work is done. Independent contractors have more freedom in how they perform their work.
- Financial: Employees often receive a steady paycheck and benefits, while independent contractors may be paid per project and handle their own expenses.
- Relationship: Employees usually have ongoing relationships with employers, whereas independent contractors work on a project basis.
Would you like to know more about how this distinction might affect your case?
Sure, here's a brief explanation of the difference between an employee and an independent contractor in Oregon:
- Control: Employees are generally under the control of the employer regarding how, when, and where work is done. Independent contractors have more freedom in how they perform their work.
- Financial: Employees often receive a steady paycheck and benefits, while independent contractors may be paid per project and handle their own expenses.
- Relationship: Employees usually have ongoing relationships with employers, whereas independent contractors work on a project basis.
Would you like to know more about how this distinction might affect your case?
Does ORS *.* apply to my case?
Case Rating: *
ORS *.* applies to employees in Oregon and mandates penalties for employers who fail to pay wages on time. Given you are classified as an independent contractor, ORS *.* might not apply unless you can prove that you were misclassified and actually meet the criteria of an employee.
Would you like to know more about how to potentially prove misclassification?
ORS *.* applies to employees in Oregon and mandates penalties for employers who fail to pay wages on time. Given you are classified as an independent contractor, ORS *.* might not apply unless you can prove that you were misclassified and actually meet the criteria of an employee.
Would you like to know more about how to potentially prove misclassification?
yes please
Case Rating: *
To potentially prove misclassification, you need to demonstrate that your working conditions align more with those of an employee than an independent contractor. Key points to consider:
- Degree of control the employer had over your work.
- Financial aspects such as regular payments and expense handling.
- Nature of the working relationship.
Would you like information on how to gather evidence of misclassification?
To potentially prove misclassification, you need to demonstrate that your working conditions align more with those of an employee than an independent contractor. Key points to consider:
- Degree of control the employer had over your work.
- Financial aspects such as regular payments and expense handling.
- Nature of the working relationship.
Would you like information on how to gather evidence of misclassification?
I was paid every * weeks a flat fee plus *% commission on all contracts I had signed for the event I was promoting/selling. All expenses (taking clients out to lunch and food when attending networking events but not mileage) were included in my invoices and added to my final check amount. I.e. I was reimbursed for my expenses. Nature of the working relationship: please explain this more.
Case Rating: *
The nature of your working relationship is key in determining if you were misclassified as an independent contractor. Here are some questions to clarify your situation:
- Did your employer control how, when, and where you performed your work?
- Were you paid regularly, similar to an employee?
Answering these questions will help understand if you should be classified as an employee.
The nature of your working relationship is key in determining if you were misclassified as an independent contractor. Here are some questions to clarify your situation:
- Did your employer control how, when, and where you performed your work?
- Were you paid regularly, similar to an employee?
Answering these questions will help understand if you should be classified as an employee.
The didn't always control when and where I did my work, no but did request me for meetings and some weekly sessions in office. I was paid regularly (or should have been but often my employer would miss pay periods and I'd have to chase them down for payment of my contract)
Case Rating: *
It seems like you have a strong case for misclassification as an employee based on the control exerted by your employer and the regular payment structure. Here are next steps to consider:
- Gather documentation: contracts, emails, payment records.
- Document instances of control over your work.
- Record missed payments and their impact.
Would you like more detailed guidance on collecting evidence for your case?
It seems like you have a strong case for misclassification as an employee based on the control exerted by your employer and the regular payment structure. Here are next steps to consider:
- Gather documentation: contracts, emails, payment records.
- Document instances of control over your work.
- Record missed payments and their impact.
Would you like more detailed guidance on collecting evidence for your case?
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