Skip to main content

Danny was hired in October by Diakon Logistics (ohio) and was working up to 12/05/2012 when he was termintated due to an

Pickerington, OH |

accident that was his fault. When he went in for his paycheck today they stated that because he was terminated they need to make sure no claims were filed against him. He was a driver/home delivery for Diakon. The accident is covered under insurance. They said he has to wait 15 days before they will give him any money for his work prior to this accident. What are our rights? They said because he signed a contract that he has to wait for his check.

+ Read More

Attorney answers 5

Posted

Request the contract. You should demand the paycheck in writing and indicate that the money is being wrongfully withheld.

Posted

I agree...request the check and contract in writing. If the contract sets forth such terms, then he is bound by them. Not sure what the delay may be. Good luck.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Kevin Coluccio

Kevin Coluccio

Posted

putting your requests in writing is very important

Posted

Every state has its own law on this. You should check with your State Labor dept. There may be rules that upon termination, final pay and accrued benefits must be paid w/in a certain time.

Posted

Danny should promptly schedule a consultation with a employment law local attorney. The attorney may be able to negotiate favorable terms for the termination. The company might pay the check promptly, allow the termination to be changed to a layoff, and not oppose a claim for unemployment benefits if he is arguably an employee, not an independent contractor. And yes, the first thing is to get a copy of the contract he allegedly signed. And, get a copy of the employee handbook. Best regards!

Posted

I would suggest he read the contract to see if that is correct. If he does not have a copy of the contract he can request one in writing. He can also contact the labor board to see if they can help him
Good Luck
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

www. KingofPersonalInjuryLaw.com

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer