Legal Question in Employment Law in Ohio

Final Paycheck

I recently quit a job mailed my boss the office key. The company received the key 1 day before I was to pick up my final paycheck however upon receiveing the key they said that my final paycheck would not be processed until I also turned in an employee handbook. The problem is I never received an employee handbook and even if I had they did not process my final check meaning that even if I furnished an employee handbook I still would not receive my final paycheck until the next pay period 2 weeks later. I was expecting my paycheck on the regular payday and I have atuomatic payments coming out of my bank account that will bounce and cause me overdraft and bounced check fees due to not receiving my paycheck on the expected date. Do I have standing to sue the company for my last paycheck and any damages I inccur as a result of not receiveing my paycheck on the expected date. All company property was returned to them they did not have a right to even withhold my pay let alone not even bother to process my check. Also I never signed anything or agreed in a contract that my final paycheck would be withheld for any reason. I feel that it is retaliation towards me for quitting the job. Please help. Thank you.


Asked on 12/03/06, 9:21 am

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Final Paycheck

Yes, you can sue your employer for your paycheck. Both state and federal laws may be implicated, so you should consult with an attorney in your area. Though the amount in dispute in most cases, would not make it worthwhile to hire an attorney, in this case, you may be able to recover attorney's fees from your employer if you prevail.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 12/05/06, 11:56 am


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