Final Paychecks under Ohio Law
If you are leaving a position because you were fired, you may be wondering when your final paycheck will be disbursed. Unfortunately for Ohio employees, the state of Ohio does not have a statute in place that stipulates a business must immediately pay a person who is fired from a job. Instead, there is a semi-monthly rule in place.
According to Ohio Revised Code §4113.15, a terminated employee must get their final paycheck on their next scheduled pay date or within fifteen days. The employee who was fired should receive their pay on whichever is earlier. If you have issues with your final paycheck following termination, discuss your situation with a Columbus employment attorney today.
What the Code States and What Happens If It Is Not Followed
Ohio Revised Code §4113.15 says employers “shall, on or before the first day of each month, pay all its employees the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and shall, on or before the fifteenth day of each month, pay such employees the wages earned by them during the last half of the preceding calendar month.”
If an employer fails to pay wages more than 30 days beyond the normal pay day, an employee may have even greater rights. In those instances, the employer can be liable for liquidated damages. This typically means the employee is not only due the unpaid amount, but they also have the right to 6% of the unpaid amount or 200 dollars. Whichever amount is greater is what the employer needs to pay. A Columbus employment attorney can help you secure the compensation you deserve.
Some employers do not handle employee separations professionally and in accordance of the law. There is no lawful requirement that an employee provide at least two weeks’ notice before they end their employment. Although two weeks’ notice is common and viewed as a polite manner to handle a separation, an employer cannot simply decide that it doesn’t wish to pay an employee their final wages. Thus, employees are to promptly receive their final paycheck regardless of whether they quit or are terminated by their employer.
Oftentimes, employees are also entitled to their accrued PTO upon their separation from employment. Many employers fail to voluntarily pay employees’ PTO, but this is a common issue that our law firm encounters.
Were you terminated from a position? Are you waiting on your final paycheck? The Columbus employment lawyers at Coffman Legal LLC are strong and committed advocates for all Ohio workers. They can guide you through the process of protecting your rights and securing compensation that you deserve, when appropriate. Call 614-949-1181 for a free and confidential consultation.