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  • Vacation Pay and Pay Date Questions - Indiana

    I have two questions:

    1.) I resigned from my job and gave a 2 week notice. I have 2-3 more vacations days due to me for this year. Is my employer required to pay me those on my final pay check if I request it.

    2.) Since the owner fired his office manager, our pay checks have been direct deposited late like 5 times. This has cost me a significant amount of money in overdraft fees as some of my bills were auto draft, and we had planned on the money being there. I am supposed to get paid on the 15th, and last day of the month. Is there any recourse I can pursue for this lost money? Or any penalties that my employer could suffer?

    Thanks

  • #2
    1. I believe that Indiana law requires employers to pay any vacation days that you have accrued. If those 2 or 3 days that "are due" have been accrued, then you should receive payment for them.

    2. No. It's not the employer's fault that you don't have enough float in your checking account.
    I am not able to respond to private messages. Thanks!

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    • #3
      I understand that it may not be his fault I overdrafted (but I never have enough "float" to cover my mortgage payment, hopefully some day), but if by our employee handbook it is stated that we will get paid on a certain day and we're not paid on that day multiple times, shouldn't that violate some aspect of the labor law? What's to stop employers from just paying their employees whenever they feel like it?

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      • #4
        Originally posted by Birddog1548 View Post
        What's to stop employers from just paying their employees whenever they feel like it?
        In some states, nothing. Some states set limits on how long after the pay period an employee must be paid and anything earlier is just fine. A few expect employers to set and adhere to a specific, published schedule.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          And what ScottB may have meant was that it is your responsibility to make sure you have the money in your account before the autodraft occurs.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            In Indiana you must be paid no later than 10 days after the end of the pay period. Note that this is the date the pay period ends, not the date you get paid. If it is later than that, you can file a claim with the state DOL. I went through this with my sister a year ago. I don't think the state website is ever going to be completed as it was "under construction" then.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              Thank

              I don't think the state website is ever going to be completed as it was "under construction" then
              I am sure that you are right about this.

              I'm not so much worried about recouping the lost funds. I'm mostly just looking for MORE violations that I can report. There are more than a handful of "disgruntelled" current & ex-employees in this city. The owner is a real piece of .... "work". There is already a rumor from other ex-employees that the state DOL already has their eyes on him, and the IRS may be next. I'm within days of starting my new job, and i'm the first employee that I know of in the last 2-3 years that has actually given a notice before leaving. Everyone else gets pissed at him and tries their best to screw him when they leave. I just don't want to screw the other employees when I leave. Thanks for the replies though!

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              • #8
                If he's already under investigation what are you worried about? Honestly, we see a lot of "how do I stick it to this employer" posts here and it's not our function to tell you how to do that, or even whether it's going to solve your problem or not.

                If YOU are not being paid in accordance with the law, then YOU file the claim/complaint.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  In that case, seriously, move on. Focus on the new job and put the old one behind you. In the grand scheme someone paying a few days late is not going to rile the DOL into action. Particularly in your state. The DOL does prioritize claims and those who have not been paid at all get priority. Those who have been paid a few days later a handful of times are going to the bottom of the list. Your state doesn't mandate fines or waiting penalties for late checks, assuming he is even paying later than the 10 days.

                  I grant you it is irritating but that is why you found yourself a new job where this hopefully won't be an issue.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Wow

                    Wow, cry much? If you don't want to answer my question then mind your own business. I asked a simple question that required a simple answer. My intentions for the question are none of your business. If you don't want to share what appears to be a very limited amount of knowledge then don't.

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                    • #11
                      You got the legal answers. If YOU had the knowledge, you wouldn't be posting here, now would you?

                      Today is NOT the day to get on my bad side.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        thanks

                        Originally posted by ElleMD View Post
                        In that case, seriously, move on. Focus on the new job and put the old one behind you. In the grand scheme someone paying a few days late is not going to rile the DOL into action. Particularly in your state. The DOL does prioritize claims and those who have not been paid at all get priority. Those who have been paid a few days later a handful of times are going to the bottom of the list. Your state doesn't mandate fines or waiting penalties for late checks, assuming he is even paying later than the 10 days.

                        I grant you it is irritating but that is why you found yourself a new job where this hopefully won't be an issue.
                        I understand, and thank you. The problem I really have is not with what has been done to me per se. You see we represent clients, and he not doing a very good job of it. Anyway, thanks for your help though

                        Comment


                        • #13
                          birddog, that's quite an attitude for someone who's asking for free help from volunteers. Cut it out or your posts will be deleted.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                          • #14
                            Originally posted by cbg View Post
                            birddog, that's quite an attitude for someone who's asking for free help from volunteers. Cut it out or your posts will be deleted.
                            Hey, I post my knowledge in the bankruptcy and real estate sections. I just stopped in here for one curiosity question. Their the one who started the "attitude". but I'll stop. Thanks for the help.
                            Last edited by Birddog1548; 03-01-2007, 08:52 AM.

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