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How long does an employer have, to notify an employee he is fired, after an infraction.

Baker City, OR |

I asked my store manager if i was fired and she said it was not up to her and that it was up to the regional manager, and the regional manager has not told her yet. Infraction happened 2 days ago.

Attorney Answers 3

Posted

In Oregon, you could be fired 50 years after an infraction. Oregon is an at-will employment state, which means that generally speaking, you can be fired for NO reason, or ANY reason, even a BAD or OLD reason, as long as the reason is not discriminatory or otherwise illegal.

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Posted

When you are fired, your employer has one business day to pay all your wages. If it fails to timely pay your wages, your wages continue to accrue for an additional 30 days at 8 hours per day. Relating to your question, it sounds like you have been sent home and are waiting for a determination of whether you still have a job. If a court determines that Defendant actually fired you when it you were sent home, then your final wages may already be late.

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Posted

Dear Fired in Baker City,

The other two lawyers are right. The delay is no cause for a lawsuit, and the employer must pay wages on time.

I wonder WHY the delay? Is that the real reason for firing you? Or is there some other reason, perhaps an illegal reason, and the employer just reached back for an excuse - a lawful reason to cover up the true reason.

You should consider if the reason you were told was the true reason.

You might consider requesting a copy of all of your personnel records to see if there is anything in there that discloses another reason for termination.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
http://www.jeffmerrick.com 503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.

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