Losing your job can be a difficult experience. Not only do you need to consider where your next paycheck will come from, but it is also important to remain aware of your rights as a worker, even after termination.
Just because an employer has fired an employee does not mean that the relationship comes to an end. State law says that an employer must still provide payment for all time spent on the clock until the moment of termination. Further, this payment must take place no more than 15 days after the date of the firing.
Unfortunately, employers may not know about this law or may intentionally attempt to avoid payment. In these situations, workers have the right to demand their pay, either through private negotiations or in court. A knowledgeable wage hour attorney can provide more information about failure to pay wages due at termination in Elyria and what legal options are available for righting this violation.
The law states that an employer can terminate an employee at any time for almost any reason. However, this does not mean that workers forfeit the pay they have earned up until that point. Even if an employee is fired for gross incompetence or criminal behavior, the employer still benefited from their labor.
Accordingly, employers must provide proper compensation for all time that a worker spent on the job. Under Ohio’s Prompt Pay Act, Ohio Revised Code § 4113.15, all employers must provide wages to their workers on at least a bi-monthly basis. If a worker is not present at the time that pay would usually be available, they can demand payment at any time in the future either in person, by mail, or through an authorized third-party.
Ohio’s Prompt Pay Act provides employees who do not receive payment on time a cause of action to demand payment in civil court. Additionally, employees may recover liquidated damages of six percent of the unpaid amount or $200, whichever is greater.
This statute works in conjunction with Ohio Revised Code § 4111.10 to grant workers the power to seek remedies in court. Failure to pay wages after termination in Elyria is a form of an unpaid wage claim. Thus, injured employees may file a complaint with the Director of Commerce or pursue a private action in court. Either way, a seasoned attorney at our firm could help to explain the potential remedies for a failure to pay wages and initiate court proceedings to demand relief.
The central purpose of state and federal labor laws is to ensure employees are paid for all time spent on the job. The fact that a workplace has fired, terminated, or laid off an employee does not prevent that person from collecting wages they have earned in a timely manner.
If your employer failed to pay you properly after termination, call the legal team at Tittle & Perlmuter to pursue a claim for unpaid wages. Our dedicated lawyers are skilled in payment of back wages as well as interest on that amount. To learn more about failure to pay wages due at termination in Elyria, call today for a free consultation.