Mike has been coming into work at your small business late every day for the past two weeks. Even though you’ve counseled him, his behavior hasn’t changed. You have no choice but to terminate his employment. However, when you notify Mike that he’s fired, he demands his final paycheck right then and there. Do you have to pay Mike immediately what he’s owed?
According to Indiana Department of Labor, when employers discharge or lay off employees, they are not obligated to pay the employee immediately. However, the employee’s final wages “must be paid on or before the next regularly scheduled payday,” which would have been when the employee would have normally been paid had he or she remained employed at your workplace.
Even when employees quit, you can pay his or her final wages by the next regularly scheduled payday.
If an employee voluntarily resigns and hasn’t provided a forwarding address, and you don’t know where the employee lives now, as an employer, you must pay the employee:
- within 10 business days after he or she demands payment of their final wages; or
- when you receive an address where the final paycheck should be mailed.
If you don’t pay an employee who has resigned or been terminated his or her final wages within the required time frame, your company may have to pay additional penalties, interest, and any attorney’s fees and legal costs the employee spends while trying to force your company to pay them.
By outsourcing your payroll to a payroll services provider, like The Payroll Department located in Brownsburg, IN, they can help you stay in compliance with any government requirements. Contact Teresa Ray, owner of The Payroll Department, at (317) 852-2568. She’ll be happy to talk to you about your company’s payroll needs and explain all of the benefits you’ll receive when you turn your company’s payroll services over to them.
-Ariane of The Payroll Department Blog Team