If my husband was asked to change a report and refused, can they hold his last checks from him if he chose to resign?

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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 10 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.


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