Can my former employer delay my paycheck after firing me?
I live in Ohio. My paycheck for hours worked 2/3-2/14 would regularly be paid Friday 2/28, and earnings from 2/17-2/28 are scheduled for 3/13. I was fired on Wednesday 2/26, and my separation letter stated my final paycheck would be 3/13. Which made sense at the time, I figured I'd get paid both scheduled paydays according to the hours I worked in those times. Now, I'm not receiving my usual electronic pay stub for Friday, and am worried that they are delaying my paycheck to have all unpaid hours paid on 3/13, instead of two weeks in 2/28 and two weeks on 3/13. Is this legal? I really need the paycheck on the day I had anticipated it on.
- JosaLv 64 weeks ago
Whether you're fired, laid off, or voluntarily quit your job, state and federal laws govern how promptly your former employer must issue your last paycheck. While federal law establishes a minimum requirement, state laws differ on how soon you must be paid after leaving your job. Additionally, many state laws carve out separate final paycheck deadlines for employees who quit, as opposed to being fired or laid off. Employers who break these rules often do so out of ignorance, but they can face stiff penalties for noncompliance. Most states have laws mandating how soon a departing employee must receive his or her final wages. But even in those states that lack such laws, such as Mississippi and Georgia, federal law requires employers to issue a departing employee's final paycheck on or before the regular payday for the last pay period.Some states have laws requiring payment to departing employees on the next scheduled payday, which is in alignment with federal laws, while several states mandate immediate pay upon discharge or on the next business day. A lot of employers are ignorant of the law. Perhaps you should make him, aware. You can also look up your states statutes regarding withholding last paychecks.
- Little PrincessLv 71 month ago
In Ohio, when you're fired, your employer is required to pay you on your next regularly scheduled pay date or 15 days, whichever is earlier. Fifteen days after you were fired would be March 12.
They are still required to pay you on Friday, Feb 28 for the work you did from Feb 3 - Feb 14. They cannot delay that and include it with your final paycheck two weeks later. Since you are no longer an employee, you might not be in their regular payroll system and wouldn't get your pay-stub and direct deposit as you normally do. They may have your check at the front desk or they may mail it to you via US Mail.
I would recommend calling their HR department and getting clarification on how you're going to receive the check on Friday. Also, remind them that you need your final check by March 12 as that would be the 15th day after you were fired. If they sound hesitant to agree to pay you on March 12, I would further recommend that you bring a friend with you to your prior place of employment on March 12 and insist on getting your final check then. Be reasonable and don't make a big scene or cause any trouble. With your friend there as a witness, if you have to recover your damages from not receiving your final check in a timely manner, your hearing will go smoother.
- EvaLv 71 month ago
They cannot hold your pay. It has to be paid on the regularly scheduled payday(s).
- SlickterpLv 71 month ago
They must pay you at the next payday. They needed to pay you 2/28 as normal. Call, a paper check may have been issued and is waiting.
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- AndrewLv 51 month ago
No unless they think that you damaged there property which happens a lot when a person gets fired . I would go to the unemployment office and file a claim
- joensfcaLv 71 month ago
Ohio If employee is fired or quits: next scheduled payday. (Ohio Rev. Code Ann. § 4113.15.)
When is the final paycheck due when an employee is fired under Ohio law?
As per Ohio Rev. Code Ann. § 4113.15, when an employee is fired, the employer must give a final paycheck to him or her on the next regularly scheduled pay date, or within fifteen (15) days, whichever is earlier.
- Anonymous1 month ago
Legal or not, by the time you get into court to fight about it I am sure they will have paid you all you are owed.
My wife works in Payroll/HR and I laugh when she tells me they mailed out paychecks to people who were fired or quit that had moved and never told the company their new address and then the ex employee calls and yells at her when they ****** up. Guess how that goes for the dolt on the other end of the phone...
Frankly you are not going to improve your situation by getting all bent out of shape. Call them and ask nicely where the check(s) are.
- StarryskyLv 71 month ago
Contact labor board in government area of employer or where you live. With no clue where in the world this happens, that is all can be suggested.
- RickLv 71 month ago
in OHIO, probably so ..............................