Ohio Final Paycheck Demand Letter

Introduction

Key Things to Know

1. 1

   A final paycheck demand letter is a written demand a departed Ohio employee sends a former employer to collect unpaid final wages, before pursuing a civil action or filing a wage complaint.

2. 2

   Ohio does not split the final-pay deadline by how the job ended; final wages are due on the next regular payday under the semimonthly schedule, whether the employee was fired or quit (Ohio Revised Code Section 4113.15(A)).

3. 3

   Under that schedule, wages earned in the first half of a month are due on or before the first day of the following month, and wages earned in the last half are due on or before the fifteenth of the following month (Ohio Revised Code Section 4113.15(A)).

4. 4

   If wages remain unpaid for thirty days beyond the regularly scheduled payday, the employer owes liquidated damages equal to the greater of six per cent of the amount still unpaid or two hundred dollars (Ohio Revised Code Section 4113.15(B)).

5. 5

   Ohio has no independent statute forcing payout of accrued unused vacation; vacation, separation, and holiday pay are fringe benefits paid only as the employer agreement or policy provides (Ohio Revised Code Section 4113.15(C), (D)(2)).

6. 6

   An Ohio employer may not deduct or retain wages for wares, tools, or machinery destroyed or damaged without an express contract with the employee (Ohio Revised Code Section 4113.19).

7. 7

   If the demand is ignored, an Ohio employee can recover the wages through a civil action, including small claims court for a dispute of $6,000 or less, and a Section 34a wage claim carries a three-year limitation (Ohio Revised Code Section 4111.14(K)).

Ohio Requirements for Final Paycheck Demand Letter

• Final Pay Is Due on Your Next Regular Payday If You Were Fired

  Ohio does not split the final-pay deadline by how the job ended. If you were discharged or laid off, your final wages are due on the next regular payday under the semimonthly schedule: wages earned in the first half of a month are due on or before the first day of the following month, and wages earned in the last half are due on or before the fifteenth (Ohio Revised Code Section 4113.15(A)). State that this payday has passed.

• Final Pay Is Due on Your Next Regular Payday If You Quit

  Ohio uses the same deadline when you quit as when you are fired. Your final wages are due on the next regular payday for your last pay period under the semimonthly schedule (Ohio Revised Code Section 4113.15(A)). State your last day and the resulting payday so the employer cannot claim the payment was not yet due.

• Late-Payment Penalty: Greater of Six Per Cent or Two Hundred Dollars

  If wages remain unpaid for thirty days beyond the regularly scheduled payday, and there is no bona fide contest or dispute, the employer owes liquidated damages equal to six per cent of the amount still unpaid or two hundred dollars, whichever is greater (Ohio Revised Code Section 4113.15(B)). Ohio does not add a continuing daily wage; reserve this penalty in your letter.

• Accrued Vacation Is Paid Only If Your Policy Provides It

  Ohio has no independent statute forcing payout of accrued unused vacation. Vacation, separation, and holiday pay are fringe benefits, and the employer is a trustee of the funds its agreement requires to be paid (Ohio Revised Code Section 4113.15(C), (D)(2)). Include accrued vacation only when your employer policy or contract promises it, and attach or quote that policy.

• Limits on Deductions From a Final Paycheck

  An Ohio employer may not, without an express contract with the employee, deduct or retain wages for wares, tools, or machinery destroyed or damaged (Ohio Revised Code Section 4113.19). A wage is the net amount payable less taxes withheld and any employee-authorized deduction (Ohio Revised Code Section 4113.15(D)(1)). Dispute any deduction that lacks an express contract or authorization.

• Where to Pursue Unpaid Wages in Ohio

  Ohio has no broad administrative wage-claim board. If the demand is ignored, you recover unpaid final wages through a civil action, and a dispute of $6,000 or less can go to small claims court in the municipal or county court. Ohio wage and hour matters are administered by the Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration. Keep your records.

• Send With Proof of Delivery

  Send the demand to the employer address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later civil action or small claims case.

• Deadline to Bring an Unpaid Wage Claim

  For a wage claim under Section 34a of Article II of the Ohio Constitution, covering minimum-wage and implementing law, an action may be brought within three years of the violation, or of when a continuing violation ceased, or within one year after notification of final state disposition, whichever is later (Ohio Revised Code Section 4111.14(K)). Acting promptly is the practical course.