Whether you left your job voluntarily, were laid off, or your employment was terminated, you must be provided with your final paycheck. If an employer refuses to issue your last wages within 15 days of your departure from the company, they are in violation of the law. In the event you have not been furnished with your final paycheck, it’s important to know your rights under Ohio’s final paycheck law — and understand what legal options may be available to you.

What is Ohio’s Final Paycheck Law?

Ohio law is specific about when employees must be paid. Although an employer is not required to immediately furnish a final paycheck upon an employee’s departure from the company, there are strict timeframes in place for when an employee must be paid upon termination. Notably, an employer may not place conditions upon issuing your final paycheck, such as requiring you to sign any paperwork or return company property.

By statute, employees must be paid on a semi-monthly basis. This means that employers in Ohio must pay their employees on the 1st of the month for all wages earned in the first half of the previous month. In addition, employees must be paid by the 15th of the following month for all wages earned in the second half of the prior month. It does not matter whether an employee quit or was terminated when it comes to being issued their paycheck — the same legal timeframe applies to the issuance of a final paycheck.

How Can You Receive Your Final Paycheck?

An employer is not legally obligated to pay your last wages via direct deposit, but they may do so if you authorized this method of payment for your final paycheck. Otherwise, you may pick up your final paycheck or request that it be mailed to you. In some cases, you may have another person pick up your paycheck — but your employer may require written authorization before they release your paycheck to another individual.

What Must Be Included in the Final Paycheck?

What must be included in your final paycheck is determined both by Ohio law — and any agreements you had in place with your employer. While the law mandates that you are required to be compensated for the wages you earned, you should review your company’s policy to confirm whether you are entitled to certain forms of deferred compensation upon departure, such as paid time off. Additionally, if your company’s policy offers severance pay, you may be entitled to it.

Your final paycheck must include:

• Compensation for all hours worked — You must be paid for all hours you worked through the last day of your employment.
• Accrued vacation pay — If you didn’t use all of your vacation time, it may be included in your final paycheck if it is provided for in your agreement with your employer. There is no state law that mandates accrued vacation time be compensated. This would only be required if it is part of the company’s policy.
• Commissions — Any commissions earned before your departure from the company should be included in your last paycheck.
• Bonuses — Any bonuses earned before you quit or were terminated should be included in your final paycheck.
• Sick pay — If sick pay has been accrued and is owed, it may be covered in your final paycheck if it is required as part of an employment contract or collective bargaining agreement. However, there is no state law mandating this, similar to accrued vacation pay.

While an employer may not withhold your final paycheck, they are permitted to make certain deductions. For instance, an employer may withhold state, federal, and local taxes or make deductions that the employee has agreed to, such as for savings programs.

What Steps Can You Take if Your Employer Refuses to Provide You with Your Final Paycheck?

If your employer refuses to provide you with your final paycheck within the applicable timeframe, they are in violation of the law. In such cases, it’s crucial to take legal action to recover the wages you earned — and the compensation to which you are rightfully entitled. Depending on the specific facts and circumstances, you may be eligible to file a complaint with the Ohio Department of Commerce or the U.S. Department of Labor's Wage and Hour Division. The applicable agency will investigate your claim.

You may also be able to file a lawsuit in court to recover your wages for the time you worked. By commencing a lawsuit, you may be entitled to compensation for your unpaid wages, interest on the unpaid wages, penalties, attorney fees, and litigation costs. It’s vital to gather documentation to support your claim — evidence in a case for unpaid wages can include pay stubs, bank statements showing direct deposits, employment contracts, written communications, your work schedule, and timecards. A skillful employment attorney can assist you with building your case and help ensure you receive the compensation you are owed.

Contact an Experienced Ohio Employment Law Attorney

If your employer refuses to give you your final paycheck, it’s crucial to have a knowledgeable employment attorney who can protect your rights. Located in Westlake, Lalak LLC handles a wide range of employment matters throughout Ohio, including those concerning various types of wage violations. Contact Lalak LLC online today or call 440-892-3380 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can help.