Emery v. Portland Typewriter & Office MacHine

Plaintiff brought this action under ORS 652.140 1 and ORS 652.150 2 to collect penalty wages. She contends that the trial court erred in finding that defendant’s refusal to pay her was not “wilful.”

We summarize the facts as stated in defendant employer’s brief. Plaintiff worked for defendant as a salesperson from November 18, 1985, until she was discharged on December 18, 1985. On that date, defendant advised her that her wages were available, and she agreed to pick them up and at the same time return certain sales equipment. Plaintiff made no further contact with defendant until January 10,…