Regardless of whether an employee is fired or resigns, his or her employer must follow the rules to ensure all money owed to him or her is paid. However, some employers may violate the employee’s rights by not providing this final paycheck.
The state has specific laws regarding failure to pay wages due at termination in Sandusky. If your former employer failed to pay the wages you earned, call our office to schedule an appointment with one of our skilled wage theft attorneys to discuss your options.
State Rules on Final Paychecks
The state’s rules on regular payment to employees, including final payments, are found under Ohio Revised Code Title 41 § 4113.15. Generally, paychecks are supposed to be paid at least twice a month. The first paycheck of each month should reflect work performed during the first half of the previous month up until the 15th day.
The second paycheck is to be paid 15 days later for work performed during the second half of the preceding month. This rule also applies to final wages, which employers should pay on the next regular payday, or within 15 days of termination, whichever would be the quickest.
State law provides for some exceptions to this rule, however. If it is common practice in a profession to pay on a different schedule, employers can follow that instead. A different pay schedule can also be negotiated and included in an employment contract. If someone’s former Sandusky employer failed to pay his or her wages upon termination, he or she may be able to hold them accountable. A local attorney can help file a claim and advise an aggrieved worker on how to protect his or her rights going forward.
Can an Employer Deduct from a Final Paycheck?
Employers are not permitted to deduct money from an employee’s final paycheck unless the employee expressly authorizes it, or it has been a standard deduction. For instance, an employer cannot deduct the cost of a set of keys to the building if an employee forgets to turn in the ones they used while employed.
Some deductions are authorized, and employers can deduct them from an employee’s final paycheck. These deductions include:
- Federal and state income tax deductions
- Social Security deductions
- Retirement programs such as 401Ks
- Recurring charitable deductions
- Any loan repayments for money borrowed from the company or legally required by the courts, such as child support payments
Former employees who were not paid upon or after being terminated should consult an attorney who practices in the Sandusky area before filing a claim to help them reach their goals.
Ohio Department of Labor’s Role
The Ohio Department of Labor provides employees with an easy-to-understand document on its website explaining how to submit a claim for wage violations after leaving a company, including failure to pay a final paycheck on time and making unauthorized deductions. The Labor Department investigates allegations of wage theft and determines whether they are valid. If valid, employers could be forced to pay the disputed wages, additional money to the former employee as damages, and a possible fine.
Call an Attorney if a Sandusky Employer Failed to Pay Your Wages Upon Termination
The best outcome after a job termination is receiving all the pay you earned. However, that does not always occur.
When an employer fails to pay wages due at termination in Sandusky, you may be able to seek compensation. Reach out to a skilled attorney at Tittle & Perlmuter today to discuss your case and options to seek restitution.