When you are actively employed for a certain wage, you expect to receive your paycheck on time and with the right amount. If that does not happen, it can be a very frustrating situation, especially when you are relying on that money. The Indiana Department of Labor (IDOL) works to protect you from these kinds of situations by enforcing your rights and offering you opportunities to learn about your rights as an employee.
Indiana’s Labor and Safety Code requires every employer to pay an employee their earned wages at least semimonthly or biweekly. However, employers can choose to pay their employees on a more frequent basis.
If you have been fired from your job, you should receive your last paycheck by the next payday. For employees who have quit their jobs, they must wait until the next scheduled payday to receive their last paycheck. If the employee does not give the employer a forwarding address, then the employer should pay within 10 days since the employee demands the wages or until the employee provides a new address.
As for unused vacation or sick leave, it depends entirely on your company and their policy as to whether you will be reimbursed for them. This is because it is up to your company whether or not they want to provide paid sick and vacation leave in Indiana. Thus, if you quit or are fired, it depends on the terms of your contract as to whether you are entitled to any payment for unused days and whether you will need to satisfy any other requirements, such as work for a certain number of days or quit instead of being fired, before you can qualify for paid leave reimbursement.
You could have your wages garnished automatically for payment towards defaulted student loans, child support, or unpaid taxes. For other types of debt such as unpaid medical bills, the company pursuing the debt will need a court judgment before having your wages garnished.
Unlike other states, Indiana prohibits employers from deducting money from your paycheck to pay for damaged products. Even if you consent in writing to have the amount deducted, such a garnishment is not allowed. However, you can consent to have your wages deducted to pay off a loan from your employer or for union dues.
If your employer refuses to pay you in a timely manner, you have the right to file a complaint against your employer with the Wage and Hour Division of IDOL, but only if your complaint is under $6,000. For any claims over that amount, you will need to sue your employer in court to recover your unpaid wages.
In Indiana, your employer cannot make you cover the cost of mandatory uniforms. However, they can make you cover the cost of any medical or physical exam that is required before starting the job.
If you are having problems with your employer paying you, then it is very important to find a lawyer that will fight for your rights. An employment lawyer in Indiana can assist you in your pursuit of your unpaid wages and represent you in a lawsuit against your employer.