Wales v. Walt Stallcup Enterprises

Plaintiff appeals from a trial court judgment that denied her claim for penalty wages and attorney fees for defendant’s failure to pay her her final wages within the statutory period. ORS 652.140; ORS 652.150; ORS 652.200(2). We reverse.

The parties tried the case to the court; we take the facts from its findings. Plaintiff worked at defendant’s Wendy’s restaurant at the rate of $5.50 per hour or $44.00 per day. On Saturday, January 11, 1997, she was scheduled to work beginning at 4:00 p.m.; at 10:00 a.m. that day she notified defendant that she was sick and would be unable to work. During the…