Legal Question in Employment Law in Ohio

Suspicion

I quit working for a company back in October because I had some family problems. I went to get my last check and after being told a billion things as to why I couldn't get it things were resolved. Aparently, I owed $26.14 from the drawer being short on days I worked, and of course I paid it. I finally go to get my check and they tell me that I can't get it because they ''can prove'' I had been stealing. I talked to manager and she told me the same thing. I had quit weeks ago and I was taken by surprise. I called the General Manager and she told me the same thing, that they were gonna review the tapes and hand it over to a prosecutor and all this bull. I keep calling them and they don't call me back. Is it legal for them to withhold my check even though I am not guilty. The person who was stealing was fired and she is getting charges pressed against her, she stole about $1300, I on the other hand hadn't stolen anything. What can I do and what can't I do? Whats the next step?


Asked on 11/21/05, 11:56 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Suspicion

Ohio Revised Code section 4113.15 requires employers, in most cases, to pay wages on a semi-monthly basis. When the wages (the amount of which is undisputed) go unpaid for more than 30 days beyond the regularly scheduled payday, the employer is liable for both the payment of the wages and liquidated damages equal to 6% of the unpaid wages or $200, whichever is greater.

Additionally, any deductions that result in the payment of less than the minimum wage may constitute a violation of the federal Fair Labor Standards Act (even if you had stolen the money ). If the FSLA covers your employment, it provides for the recovery of double the amount of wages owed.

I recommend that you put your demand for payment in writing and forward it to your employer via certified mail. If the wages are more than 30 days past due, you might want to include a demand for the greater of 6% of the wages or $200.

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Answered on 11/22/05, 8:33 am


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