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Your rights as an employee in Oregon

On Behalf of | Feb 15, 2023 | Employment Law

If you are working in Oregon, besides being paid a wage, you also have other rights as an employee. It is important that you understand what those rights are so that if someone tries to take advantage of you at work, you can fight back because you have the law on your side. It is very important that you get paid for the work that you do and whatever else you are entitled to as an employee.

Some of the rights that you are entitled to at work in Oregon are the following:

  • Breaks and rest periodically during your shift.
  • Sick time so that you can take care of yourself and get better so that you can return to work. You are also allowed to use your sick time to take care of your loved ones if they are sick and need you.
  • If you have a child or another family member who needs you to care for them on a longer-term basis, you can take a leave and your job will be waiting for you when you return to work.
  • According to the law, you are protected against harassment and discrimination at work. Others at work are not legally allowed to treat you differently than other people because of your gender, age, race, disability or other protected classes.

What other legal protections do I have in Oregon at work?

With regard to paychecks at work, your employer must pay you on a regular schedule set up with a specific payday. Paydays should not be any longer than 35 days apart and your employer is not allowed to withhold or hold up paychecks to punish you or for any other reason.

If you are no longer going to be working at your current place of employment, there are strict rules regarding your final paycheck. This applies if you have resigned, been laid off, or fired:

  • If you quit within 48 hours, your final paycheck and any other money that your employer owes you must be issued to you within five business days or on the next regular payday, whichever comes first.
  • If you quit with 48 hours’ notice or more, your employer is obligated to give you whatever money is owed to you on your last day of work. If it falls on a holiday or weekend, your check is due on the next business day.
  • If you are fired, your final paycheck must be given to you on the next business day.
  • If you and your employer mutually agree that you should leave the employment, your employer must pay you by the next business day.

What are the consequences to your employer if they don’t honor their responsibility?

If an employer doesn’t do the right thing as far as your money is concerned, they will face a penalty of eight times your regular pay rate for each day that your money is overdue. This applies for up to 30 days. The only exception to this is if the employer pays within 12 days after your money is due. In that case, they are only responsible to pay you 100% of what they owe you.

Oregon also can impose a $1,000 civil penalty if the employer refuses to pay with no good reason. In that case, the employer will also be responsible for paying other involved costs, interest and attorney fees.

Legal advice from an Oregon employment attorney

If you are experiencing a similar issue at work, your rights are being violated by your employer. You must protect your rights and you will need to go after the compensation that should be coming to you and that you need. It is difficult enough to handle what you are going through. The support of a knowledgeable employment attorney can really make a big difference to your case and you will hopefully have a positive outcome to your case and be able to move on to better things.