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Holding An Employees Final Paycheck

Family Law Discussion Forum

Holding An Employees Final Paycheck

Postby Amasya » Sun Dec 04, 2016 7:07 am

How long can an employee hold a terminated employees final paycheck in the state of Indiana? For example, many of our employees have uniforms. It takes 2-3 weeks to do a cycle count of uniforms to veify that employees have returned all of their uniforms. Is it permissable to hold the final paycheck for three week? What notice does the employer need to provide the employee regarding the possibility of deduction?

Thank you!
Amasya
 
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Joined: Thu Jan 16, 2014 2:59 am

Holding An Employees Final Paycheck

Postby Rexton » Sun Dec 04, 2016 10:03 pm

Your paycheck is due by midnight of your next regularly scheduled pay day. The employer may not hold it any longer.

If you are not paid by your employer you may fill out an Application for Wage Investigation and mail it to the address in the upper right hand corner of the form.  Please be advised that the Indiana Department of Labor can only pursue claims of more than thirty dollars($30.00) and less than six thousand dollars($6,000.00).

You can find the wage form instructions and a copy of the wage form at the following link: This also works for deductions taken out improperly.http://www.in.gov/dol/files/WageClaimInstructionsApp092407Corrected.pdf

Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's paycheck. However, it does allow employers to deduct the purchase price of merchandise sold by the employer to an employee if it is at the request of the employee. With this said, if the uniform is optional and the employee makes a written request for the deduction, the cost may be deducted from the employees wages, otherwise it may not.

Indiana law requires three conditions to be met in order for a wage deduction to be valid. First, the agreement for the deduction must be in writing, signed by the employee, by its terms revocable at any time by the employee upon written notice, and agreed to in writing by the employer. Second, a copy of the deduction agreement must be delivered to the employer within ten days of its execution. Third, only certain categories of deductions are allowed, including: premiums on an insurance policy; contributions to a charitable organization; purchase price of bonds, securities or stock of the employing company; labor union dues; purchase price of merchandise sold by the employer to the employee; amount of loan made to the employee by the employer; contributions of the employee to a hospital service or medical expense plan; and payment to an employee's direct deposit account.  

If you believe your employer has made a deduction that does not fall within this criteria please view the Application for Wage Investigation.  You may then fill out this application and mail it to the address in the upper right hand corner.  Please be advised that the Indiana Department of Labor can only pursue claims of more than thirty dollars($30.00) and less than six thousand dollars($6,000.00).

Shirley  
Rexton
 
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Joined: Tue Apr 01, 2014 9:14 am

Holding An Employees Final Paycheck

Postby Bronson » Tue Dec 06, 2016 4:11 pm

How long can an employee hold a terminated employees final paycheck in the state of Indiana? For example, many of our employees have uniforms. It takes 2-3 weeks to do a cycle count of uniforms to veify that employees have returned all of their uniforms. Is it permissable to hold the final paycheck for three week? What notice does the employer need to provide the employee regarding the possibility of deduction?

Thank you!
Bronson
 
Posts: 39
Joined: Sun Feb 16, 2014 8:16 pm


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