Can I take legal action against an employer for not receiving a check for the hours I worked?

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Can I take legal action against an employer for not receiving a check for the hours I worked?

I worked 5 days, then was a no call/no show for 3 days, one of those days was the day the employees had

to turn in their timesheets, I wasn’t there and now they won’t pay me until their next pay period, keeping me from paying rent. Their policy states if you don’t turn in a timesheet the day it’s due, you don’t get paid until next pay period but I wasn’t there to do so.

Asked on February 2, 2019 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can't take legal action against them for this. They needed the time sheet to process your pay; you didn't provide it, so it could not be processed on time. It needs to wait until the next pay cycle to be processed. The reason for the delay was your actions, not theirs. Furthermore, there's no point in legal action, even if you could bring any: you will be paid long before any legal action would be resolved. And finally, the employe is not responsible for the fact that you don't have any savings and cannot pay rent; that is a function of your own saving and financial habits, which is under your control, not the employer's. The employer has no obligation to make sure you can pay rent.


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