Legal Question in Employment Law in Oregon

Whether an employee is entitled to be paid for unused vacation depends on the agreement for vacation pay reached between the employer and employee. That agreement may be found in the employee handbook or in the past practices of the employer. An employer may provide vacation that accrues on a monthly (or other periodic) basis, in which case the vacation pay is due and payable upon termination of the employment. The employer, on the other hand, may provice vacation only after some specific time, such as granting a period of vacation after a year of employment. In that case, any termination before completing a year of employment may not result in any vacation entitlement.

What entitlement an employee may have must be analyzed individually based on the facts involved in each case. Consult an experienced employment attorney for advice. If vacation pay, whcih is due and owing, is not paid upon termination, the employee may be awarded penalty wages of up to 30 days wages plus attorneys fees. Only an experienced employment lawyer can provide a thorough analysis and specific advice.

The above is not legal advice. It is offered for general discussion purposes only. Coinsult an experienced employment lawyer for advice regarding any specific situation.