Legal Question in Employment Law in Oregon
I was just laid off today. My ex-employer said that I my last day was today. He said that they will use my vacation pay for the rest of the month and get my check on the first business day next month, Plus I will not be able to apply for unemployment until my vacation pay runs out at the end of next month. If I am not allowed to work then why am I are they doing this?
1 Answer from Attorneys
If you have been terminated, you are entitled to be paid for everything the employer owes you, and in this case that appears to include your vacation pay, within one business day of your termination. If the employer fails to pay on time, you can be entitled to penalty wages equal to your daily wage up to 30 days. You should apply for unemployment immediately. It would be helpful to have a lawyer make an appropriate demand for the wage penalty because strategic considerations can make the difference in maximizing the wage penalty to which you may be entitled. In wage penalty cases, the employer will have to pay attorneys fees as well.
Consult an experienced employment lawyer without delay.
Craig A. Crispin
Crispin Employment Lawyers
1834 SW 58th Avenue, Suite 200
Portland, Oregon 97221
Direct: 503-293-5759
Cell: 503-756-1701
Fax: 503-293-5766
www.employmentlaw-nw.com
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