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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19319
Experience:  Employment/Labor Law Litigation
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I live in the state of Oregon. I gave my employer 5months

Customer Question

I live in the state of Oregon. I gave my employer 5months notice that I would be terminating my employment at the end of August. He was also made aware that I would be out of town for 4 days of the month of August. I have been in a managerial salary paid position and the agreement was that I would be paid my full salary through the month of August.
My employer approached me today to tell me he doesn't feel he should have to pay me my full salary since I will be gone for 4 business days. He then continued to notify me that the 15th would be my last day (only giving me 5 days notice) and that I would only be paid half of my salary. Is my employer obligated to pay my agreed upon salary?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately no, they are not obligated to pay you through the end of the month. When you give notice, what you are legally technically doing is immediately resigning but giving the employer the option to accept your offer of additional work. They don't have to do so. If they had immediately accepted your notice months ago, it could have been argued that this was converted to a termination, but that's not really a legal issue on these facts.

So, not allowing you to finish the month or notice period is legal.

Not paying you out the entire salary is also legal. Typically a salary can't be divided. However, one exception to that rule is the start and end of employment. The Fair Labor Standards Act expressly allows an employer to prorate payment of a salary in those instances and it is not an illegal deduction.

Finally, there is no legal requirement for a notice period for accepting a resignation early, unless you signed a contract that expressly created one.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.