Legal Question in Employment Law in Ohio
holding a payroll check
can an employer withhold a full payroll check without notice? my son was in a small accident with a work truck. the boss only had liability ins on this truck. he told my son he had to pay for damages to truck. when he went to get his check the boss had with held his whole check to pay for truck can he do this i mean keep all of the check with out telling him about it
1 Answer from Attorneys
Re: holding a payroll check
No. Ohio R.C. � 4113.19 specifically states that no employer shall �without an express contract with his employee, deduct or retain the wages of such employee, or a part thereof, for wares, tools, or machinery destroyed or damaged.�
My advice for your son is to notify the employer IN WRITING that the deduction violates �Ohio Revised Code Section 4113.19� and possibly the federal �Fair Labor Standards Act� and demand payment. In the event your son is then terminated, the writing can later serve as evidence of retaliatory discharge. If the employer is governed by the Fair Labor Standards Act (whether it applies depends on the employer�s annual revenues), your son may, alternatively or in addition to the above, file a complaint with the U.S. Department of Labor for failure to pay the minimum wage (which is required under both state and federal law) for that pay period.
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