Legal Question in Employment Law in Oregon
Hi there,
I have two questions if you don't mind? First, how long does an employer have to pay an employee once they are terminated? Second, I was hired to install, troubleshoot, fix, and program GPS systems on $400,000 tractors that run themselves. From day one he had me working as a mechanic on the tractors gears, hydraulics, etc... I'm also a disabled combat veteran at 70% and can't do all of that stuff. I let him know about it and the next day I was terminated. He never even told me how much I was making, just that he was paying me good money. I look forward to your reply.
Sincerely,
Michael
1 Answer from Attorneys
Michael, under Oregon law an employer must pay all compensation due at the time of termination by the end of the next business day. The statute provides for exceptions, but applies generally to all hourly wages due. If the employer fails to pay on time, it is subject to penalty wages, which means the daily wages continue for the period of delay up to 30 days. Absent written demand, though, the penalty is capped at 100% of the late-paid wages.
An employer is not required to retain an employee who is unable to perform the essential functions of the position. Whether the employer is subject to disability law obligations of reasonable accommodation, nondiscrimination, etc., depends on the number of employees. Employers with less than six employees are not covered by state disability discrimination law.
Seek the assistance of a qualified employment lawyer.
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