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Didn't receive final pay, even with 2 weeks notice Oregon

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  • Didn't receive final pay, even with 2 weeks notice Oregon

    I reviewed a few other threads but didn't find one that specifically answered my questions.

    I worked for a company for 10 yrs. I gave my written resignation 2/11/09, with my last day being 2/25/09. I expected to have my final pay plus my accrued PTO on 2/25. My final, normal pay was deposited on 2/23/09, without the PTO pay. I was informed on 2/23 that I wouldn't get my final check of accrued PTO until the next payday which was 3/8. I had 18.35 hours of PTO accrued as of 2/23 and was told by HR that since I had worked most of February I would also be paid the 14 hours I had earned for the month, totalling 32.35. When I didn't get my check on 3/8 I called the main office in Philadelphia and was told that there was a "mess-up" on the paperwork and that I would be paid on the next payday, which is 3/23. I was also informed when I called that I would not be paid for the 14 hours as I was not employed by company on the day that the PTO was distributed. Both issues are illegal in Oregon, right? I should have had a check on my last day. I worked the entire month of February, minus 2 days. Shouldn't my PTO accrued at least be prorated? I have contacted an attorney, who wrote a letter on my behalf to the company, demanding I be paid immediately for all monies owed. The attorney also said that since I was not paid monies owed on my last day, that technically I am still employed and need to be paid my daily rate since the 25th, up until they cut the check. The attorney referenced an ORS law. I was not super impressed by the letter and found it very confusing, but hope it does the trick. In the meantime I am trying to find out as much information as possible. Can you help me?

  • #2
    In Oregon, final pay is due immediately if you give 48 hours notice or more, excluding weekends and holidays. Vacation pay only needs to be paid out if there is a contract or policy stating that it will be.

    I don't have anything in my cheat sheets that says failure to pay on a timely basis means that you are still employed and are due additional pay, but I'm only looking at a summary and not the complete law with all the ins and outs of it. If you have an attorney that says such a law exists, I am not in a position to argue with him.

    It would be inappropriate of us to second guess your attorney, in any case.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.