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final paycheck not received

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tampucu

Junior Member
What is the name of your state? We're in Indiana

My fiance lost his job a couple weeks ago. The owner of the business shut down the business though to our knowledge has not filed bankruptcy. The owner is claiming that he "can't" pay fiance his final check. We are planning on taking this to small claims court, being as he doesn't have a paycheck we can't afford to hire an attorney. I am pretty certain that there is a statute that states something about if the final paycheck is not paid by the next payday after termination then you can claim 3 times the amount due as well as interest and damages. Can someone explain this to me and/or tell me where I can find this statute online. Thanks.
 
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pattytx

Senior Member
According to Indiana Wage and Hour regulations, a terminated employee's final paycheck must be issued by the next regularly scheduled payday.
http://www.state.in.us/labor/wagehour/estandfaq.html

Contacting the IN Dept. of Labor to explain your situation is your first step. Since the business has been shut down, they may not be able to pursue this for you, but they will let you know what your options are if they cannot assist you.

Try this before you go any further. I am not aware of any statute regarding mandatory damages if you have to sue the company to get your pay; if you have to sue, the state wage and hour regulations are irrelevant. Doesn't mean there isn't one, I just haven't heard of it.
 

tampucu

Junior Member
We contacted the labor board, they can't help us because the claim is over $800 and that is their limit in Indiana. They told us to contact an attorney or take it to small claims. We contacted a couple of attornies, but they wanted retainers that we are unable to pay. They are the ones who told me about the statute, but they didn't go into detail considering it was merely a free phone consultation. They just told me that we could make a claim for 3 times, plus interest and damages and went on to tell me what their retainer was and seeing as we couldn't afford it that was the end of all the conversations.
 

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