Lebanon, OR asked in Employment Law for Oregon

Q: If you quit without notice in Oregon are they required to pay your acquired vacation time?

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2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: Pay out on PTO/vacation time is a contractual matter. If your former employer has a policy or practice in which they pay it out, then they have to, but that is also subject to their policies. As in, some employers may not pay it out without say 2 weeks notice, if one is fired, or some times only pay it out if you have been there at least two years.

Jim Boness
Jim Boness PRO label
Answered
  • Portland, OR
  • Licensed in Oregon

A: Payout of vacation time will be dictated by your employment agreement and the company policies regarding that payment. If the company has a pto benefit and you have accrued PTO that has gone unused, you should be entitled to that unused time as pay. Most employment contracts are at-will contracts which means that either you or the company can terminate the employment without notice. Leaving employment in this situation should have no effect on what benefits you have already accrued. However, if your employment contract says something different, that will control.

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