QUESTION
What do I do to get my pay from my ex employer?
Asked on Jan 07th, 2016 on Labor and Employment - Indiana
More details to this question:
I quit my job on the 12th of December. I wasn't fully compensated on the following paycheck. I spoke with the store manager and was told it would be fixed. I also spoke with human resources. I was told that I'll receive my pay the next pay period. That didn't happen either. I've called several times to have this matter taken care of. No pay on the 18th, 25th or the 1st. When I called last week they had me on the phone as the store manager fixed my time and I was told I'll receive my pay this week. Once again I didn't get my full pay.
1 ANSWER
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Dear Anonymous,
Indiana has two statutes that deal with an employer's failure to pay wages. The Wage Claims Statute, Ind. Code § 22-2-9-2, applies where an employee is fired, and the Wage Payment Statute, Ind. Code § 22-2-5-1, applies where an employee quits. Both statutes have penalties for the employer's failure to pay (up to 2 times the amount they owe), and both statutes allow for you to collect attorney's fees expended in collecting your wages. In your particular case, you left your employment voluntarily, so you will need to proceed under the Wage Payment Statute. Under that statute, you can sue your employer directly for your unpaid wages in any court in Indiana having jurisdiction. Normally, this would be the superior court in the county where you were employed.
Good luck,
Chip Clark
Answered on Jan 08th, 2016 at 7:13 AM