Pendleton, OR asked in Employment Law, Contracts and Business Law for Oregon

Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still be required to work for a week of our busy season. As I have found a new job this is an issue. Is this legal?

2 Lawyer Answers
Daniel DiCicco
Daniel DiCicco
PREMIUM
Answered
  • Portland, OR
  • Licensed in Oregon

A: Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but they can’t require you to stay on.

If I were you I might try to negotiate for more money to stay on that week.

Bruce Alexander Minnick and Mr. Michael O. Stevens agree with this answer

1 user found this answer helpful

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: You didn't say whether or not you have an employment contract that you signed. If you signed an employment contract you need to read it and see what it requires you to do in terms of transitioning out of the job and what if any penalties you might have if you have to leave and can't meet the obligations of the contract.

Absent a specific contract provision stating what you have agreed to do when quitting, giving two weeks notice is just a polite custom not a requirement. If there is no contract provision and you have given your employer two weeks notice and they are now "asking" you to work longer, you can just politely refuse. You should tell them that you have already accepted another position and because of the date you are expected to start at the new job, you can't work past the date you already gave them, two weeks out.

You could of course try to work something out with your new job to accommodate your old job. But that is completely up to you.

Oregon has it's own Bureau of Labor and Industries, BOLI for short. Here is the webpage link: https://www.oregon.gov/boli/Pages/about_us.aspx You can always contact BOLI for help with any employment situation. BOLI will assist any employee who has not been paid their wages collect said wages. There is also a form you can fill out to file a general complaint against an employer for other issues.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

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