Oregon law specifies when final or severance paychecks are due. Here are the rules as of January 2010.
Termination, firing, or discharge. If you are fired, the employer must pay you the next business day.
Lay offs. If you are (honestly) laid off, then you get paid on the next regular payday. But what is a "lay off" under Oregon law? For purposes of the final paycheck rules, if there is no recall date or the layoff will last more than 35 days, then the termination rules apply, and you must be paid on the next business day.
Resignation or quit. The answer depends on the situation. If you give two-weeks resignation notice, and the employer fires you on the spot, then the termination rules apply. If you give at least 48 hours notice, then an Oregon employer must pay you on your last day. If the employee quits with less than 48 hours notice, then an Oregon employer must give you the severance paycheck on the sooner of (a) the next regular payday or (b) five business days.
Exceptions. As with most laws, there are exceptions to every rule, which is why you should never rely on the stuff you read on the Internet. The biggest exception is for union workers, who are paid according to final paycheck rules in the collective bargaining agreement.
A good general resource for both Oregon employees and employers is the Oregon Bureau of Labor and Industries.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
The above is not legal advice. I cannot give you reliable advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer
