Fired - Is there a payroll law?

[gnn79]

I have several questions. I was terminated from my job of 3 years on 12-10-04. I was told that my pay check would be sent to me in the mail. I received it today (2 days after actual pay day). My employers may try to fight paying unemployment compensation. I heard that I should've gotten my pay check upon termination. Is this true?

When I received my check, I had not completed my time sheet (which we do by hand). So technically, I do not know if I received the right amount and my employer won't return my calls. I also had vacation time accrued - which I know was not paid on the check. Her policy was if we didn't use, she would pay it out to us.

I am curious on all of the above because I have a strong feeling she will fight my unemployment claim. She fired me due to missing items at the office and tried to get me to resign. She had no proof that I did this though. I am so confused - this was all so unexpected - especially right before the holidays.

 

[Ramtime]

Depends on your State in which you live. Have you looked up last paycheck information in termination procedures in the State where you live?. In California you must recieve your last paycheck the last working day of employment. [ Labor code 201]

Her policy was if we didn't use, she would pay it out to us.

Was this policy in writing and did you sign it, If not you may not be able to fight that.

You may need to look up your EEOC or Labor board in your area to get more help.

 

[cbg]

As Ramtime indicates, the answers to your questions are state specific.

If you will post your state, I can give you additional information.

 

[gnn79]

I live and worked in the state of Indiana. Thanks

 

[cbg]

In Indiana you must receive your final paycheck on the next regularly scheduled payday. They are NOT required to give it to you on your last day of employment. If they mailed it on the last regular payday, they are probably fine.

Although Indiana law does NOT require the payout of unused vacation time on termination, there have been court cases in your state, in which it has been ruled that unused vacation time is part of an employee's wages. I do NOT have the names of specific cases and I do NOT know the circumstances under which the courts have made this ruling.

I checked four sources. One did not mention vacation time at all; one stated flatly that vacation time was not payable on termination, and one mentioned that court cases existed as mentioned above. The fourth source was the Indiana State DOL website, which states the following:

When I leave my employment, is my former employer required to pay me for any accrued vacation time?

Yes, absent an agreement to the contrary. The Indiana Court of Appeals has found that an agreement to give vacation pay to employees is considered a form of compensation for services just like hourly wages. Vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination.

However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay.

Your best bet would be to contact the Indiana DOL with the information concerning your specific information, and see what they say.

 

[ruffrocco]

Paycheck upon firing

As Ramtime indicates, the answers to your questions are state specific.

If you will post your state, I can give you additional information.

I live in New York State. Are employeers required to pay the same day as firing someone?