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

Asked over 1 year ago - 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.

Attorney answers (5)

  1. Peter Stephen Kirner

    Contributor Level 16

    6

    Lawyers agree

    Answered . 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... more
  2. Mark Wayne Napier

    Contributor Level 10

    5

    Lawyers agree

    Answered . 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!

  3. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    1

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

  4. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

  5. Michael Shemtoub

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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