Legal Question in Business Law in Oregon
Back pay per diem?
A previous employee had a verbal agreement to receive 1/2 the max per diem amount. Now a year later she has quit and is requesting that we back pay her for all the other per diem she did not receive. Are we obligated to pay her?
1 Answer from Attorneys
Re: Back pay per diem?
It depends upon your contract(s) with her. Is there a written contract specifying the per diem that is twice what you actually paid her? If so, then she probably has a pretty good cause of action against you for breach of contract. Are there no written contracts with her at all? Then she probably does not have a case, unless she can prove by inference from the facts that you promised to pay her the full per diem amount and that she agreed to continue working for you under that non-written agreement.
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