If my husband was asked to change a report and refused, can they hold his last checks from him if he chose to resign?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband was asked to change a report and refused, can they hold his last checks from him if he chose to resign?
There was a slip and fall at my husband’s work. The company asked him to change the information to show that the roof wasn’t leaking and the floor wasn’t wet. He chose not to and gave his resignation because the last time he was written up for not doing it. He then password protected the file so no one could change it. They contacted him yesterday for the password and he told them if they were changing it to remove his name. His supervisor then informed him that the owner of the company now states “the report never existed”. What or does he have any ground to stand on if they try to hold his paycheck?
Asked on September 19, 2011 under Employment Labor Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Did he keep a copy of the report as written and submitted? Not that it should matter with regard to his last pay check but as some form of insurance for him here. Most states have a final pay check law for both when an employee is fired and when an employee quits. Indiana has both as well. Here is the law as it pertains to your husband's situation: "next scheduled payday. If employee has not provided a forwarding address, employer may wait until 10 days after employee demands wages or until employee provides an address where the check may be mailed. (Ind. Code §§ 22-2-9-1 and 22-2-5-1.)" I would make sure that your husband advises in writing of the address where they are to mail the check just to be sure. If they do not, file a complaint with the Department of Labor. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.