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Frequent Late Payday and Canceled Insurance with no notice Ohio

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  • Frequent Late Payday and Canceled Insurance with no notice Ohio

    I actually have a few questions. Last year my employer was short on cash and was not able to pay us right away. We are generally paid on the 15th and the last day of the month. In October 2010 we were paid one week late for the first check and on time for the second check. The month of November 2010 we received NO PAYCHECKs what so ever. We were not compensated for the first half of November until December 10th, then we proceeded to get the second half of November and the first half of December around the same time. Then we received the end of December on time. During this mess, our boss stopped paying our insurance and never told any one. Our insurance was officially canceled on October 31st 2010, we were not notified until December 10th. I had a minor surgery and found out everything was rejected and i was stuck with a $4,000-$5,000 medical bill that could have been avoided if I KNEW I DIDNT HAVE INSURANCE!!!!! The cycle has started over again and there have been a few late paydays, is there any thing i can do about this ... legally?

  • #2
    There are many kinds of law, and what you are talking about is (mostly) not labor law.
    - It is legal for the employer to cancel the insurance. It is arguably not legal to cancel the insurance without telling the employees. You can try filing a complaint with federal DOL. It might work. It might not work. But it costs you nothing to file.
    http://www.dol.gov/ebsa/
    - Not all law is labor law. Example. Some night your neighbor gets drunk, decides he hates the big tree is his yard, and cuts it down. It comes down on your house causing damage. Even though there is clearly no labor law here, there still are grounds for legal action. This is a "tort". You would basically get a lawyer and sue your neighbor for actual damages. Or file a small claims court. What you describe could also be handled using those methods.
    http://en.wikipedia.org/wiki/Tort
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      What about the frequent late paydays? We eventually get paid just late, or even later, or really late.

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      • #4
        OH state law says you have to be paid semi-monthly, on or before the 15th and 30th. Those who pay late (no grace period specified) are guilty of a 1st degree misdemeanor.

        Links here:

        http://codes.ohio.gov/orc/4113.15 (semi-monthly payment req'd)
        http://codes.ohio.gov/orc/4113.99 (penalty)

        You can file a wage claim if you are not paid on time. By the time you get a response from the state's DOL, or they send a letter to your employer, likely you will have a paycheck in hand. Call your state's DOL office to find out if they have any suggestions (other than filing a wage claim).

        There could be some repercussions for you and your co-workers in taking this kind of action. You should seriously consider finding another job as soon as possible. These kind of business cash flow issues generally never improve. Good luck to you.

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        • #5
          Whatever else you do, you should start looking for a new job now. Do not quit the current job, just start looking for a new job. If your current employer is in financial trouble, the situation will not only get worse, but they could be "judgement proof", as in no assets to pay the judgements.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Agree not to quit your current job until you get a new one. If you quit,
            you most likely will not get UI.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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