If you’ve put in your notice or have quit a job, it’s normal to be concerned about when or if your last pay will arrive. Depending on the company’s pay schedule, it could be weeks before you receive payment for the last days worked at that establishment. Sometimes you may even wonder if an employer can withhold a paycheck for any reason in Ohio.
While few employers will pay you as soon as you quit, companies cannot, for any reason, hold your last paycheck and doing so would be a violation of FLSA laws. Under this law, the employer is required to issue a final paycheck that includes all wages earned during your last week as well as payment for unused vacation time, if applicable.
Under Ohio law, employers must pay employees on the first day of the month for all work done during the first half of the month prior, and on the 15th day of the month for hours worked during the last half of the previous month. While this law doesn’t apply directly to the issuing of the final paycheck, it does apply to payment of wages at all times. If you feel that you haven’t been paid on time, you could write a letter to your employer reminding them of the law while asking to receive your payment.
Final paychecks aren’t exempt from deductions present on all other paychecks, like taxes and approved deductions like benefits payments. Depending on the contract the employee signed, employers may also deduct vacation time that has been used from the final paycheck in accordance with their vacation policy. For example, if vacation time is “accrued,” meaning the employee earns it over the course of the year, and you use all of your vacation and quit before the end of the year, the employer may deduct that time from your final paycheck.
If your employer is taking deductions out of your paycheck, it does not always mean they are withholding your payments. However, no matter the amount of the deduction, an employer cannot withhold an entire paycheck. Some other common deductions are:
In Ohio, employers can’t without paychecks for any reason. Under the law, all employees must be paid for all hours worked less any deductions in a reasonable amount of time after their departure. If an employer holds your last paycheck if you quit in Ohio, they are violating federal labor laws.
If you have quit or been laid-off from a job and you don’t receive payment, you could file a legal claim against the employer. If the establishment is audited and found to have violated labor laws, they are required to pay all wages withheld as well as damages. Remember that there is a two-year statute of limitations for cases involving pay.
If you feel that your employer offers you back pay because they’ve withheld your last paycheck, contact an attorney for help taking legal action against the establishment. Your employer may have to pay you all back wages as well as payment for damages. Changing jobs can be stressful and you shouldn’t have to worry about a lack of pay for leaving an employer.