“At-Will” Employment State
Oregon, along with most of the U.S. (with the exception of Montana), is an at-will employment state. At-will employment means employers can terminate employees at any time without reason, explanation, or warning (except for wrongful termination reasons, like race, religion, and disability). It also means an employee can quit at any time for any reason...or no reason at all. Typical exceptions to this include the following: Employment Contracts, Implied Contracts, Good Faith and Fair Dealing (i.e. employers terminating employees to avoid their duties like paying for healthcare, retirement, or commission-based work), and Public Policy.
Final Check Requirements for Oregon (check with your State Wage and Hour Division for regulations):
- Employee Quits with NO Notice: Final check is due within five days (excluding Saturday, Sunday, and holidays), or at the next regularly scheduled payday, whichever is first.
- Employee Quits BUT Gives Notice: If at least 48 hours’ notice is given (excluding Saturday, Sunday, and holidays) the final check is due on the last day worked.
- Employer Terminates Employee or Mutual Agreement Termination: The final check is due no later than the end of the first business day following the termination.
There are large penalties applicable to employers who fail to pay wages outlined above. Penalties are equal to up to eight times the employee’s regular rate of pay for each day the wages go unpaid and up to 30 days. Civil penalties can also be applied.
Recommended Documents That Should Be Given at Termination, as Applicable:
- Final paycheck with compensation for vacation and sick time
- Continuation information regarding health, life, and other insurance benefits
- Other benefit(s) and re-employment assistance documents/resources
- Terms of signed confidentiality and/or non-compete agreements
For additional information, please join us for our complementary webinar
Wednesday, September 25th at 11:00am PDT
Termination Done the Right Way
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Bennett/Porter & Associates in the “company referred by” registration field.