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issues on recieving final check & severance package Oregon

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  • issues on recieving final check & severance package Oregon

    I was recently laid off Jan 31st, 2009 from a major corporation and was told that my last paycheck would be waiting for me when on my final day of work... it wasn't there of course... I was told that payroll had "dropped the ball" and it would be sent to my house... I was also told that within a few days of my layoff that the paperwork to start my severance would be sent to me along with a check for my vacation time. It is now Feb. 25th and although I did recieve my last paycheck... I haven't recieved the vacation check or the paperwork to start my severance. I have been in contact with the payroll dept 2 times now... and the legal dept, and have been told twice that it was mailed... but to the wrong address... an address that shouldn't even be in the system, because I had moved in December and made sure to change the address at that time. In the meantime... my insurance on my car has been cancelled... meaning that I now have to pay penalties for a lapse of insurance... and pay for the first and second month... which wouldn't have happened if I would have recieved the checks in a timely manner. Not to meantion a final notice on my car loan.
    What if anything can I do about all of this? What is the law on waiting periods for final checks and severances? Thank you for your help!!

  • #2
    In Oregon, the final check for an involuntary termination is due by the end of the next business day. That includes accrued vacation if the policy of the company is to pay it out.

    Regarding the pay for time worked, problem you're going to have there is that you now have received it and, to my knowledge, there is no penalty payable to the employee for the company not complying.

    Relative to vacation though, if the company policy/past practice is to pay accrued vacation under the circumstances, then that was due at the same time as your final wages and you can file a complaint with the BOLI for that. The payment will not come overnight however.

    Regarding severance pay, since there is no law requiring it be paid, the BOLI cannot help you there. Are you close enough where you can just go in and get the paperwork (and, BTW, the vacation check)?
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