Q: Where can I sue Amazon Retail, LLC for failure to pay wages in small claims court and for how much after termination?
I was terminated by Amazon Retail LLC on 12-14-17. Pursuant to ORS 652.140(1), they should have paid me all wages in a paycheck by the end of the business day the next day, that would be 12-15-17, today. They have not done so, even after I made a good faith effort to collect on the telephone. They even said they would get back to me today and they did not. I am owed a total of $14.50 for 18.2 hours. Two things: 1) can I sue in small claims court now and ask for 8 times the amount as pursuant to the law: "Employers that fail to pay final wages when due risk the imposition of a penalty wage equal to eight times the departing employee’s regular rate of wage for each day that final wages go unpaid up to 30 days", and, 2) I worked in Portland Oregon at their facility. The companys registered agent is in Salem Oregon and the Corporate headquarters is in Seattle Washington. Where do I file the Small claims if appropriate?
A:
You can file in small claims court, but it is not 8 times what they owe you. It is 8 hours of pay per day they are late. So, you get 8 hours of pay starting tomorrow.
I would actually suggest waiting until you get your final paycheck (Amazon will probably due it in a few days), that way you know how much you are going after (it maxes out at 30 days, though there are some caveats). Plus, rarely due you actually need to sue and incur that extra expense.
If you do need to file, you file in the county where it happened. As in, Multnomah County.
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