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My disabled son did not receive his last paycheck from his…

My disabled son did...

My disabled son did not receive his last paycheck from his previous employer. Should he just go to small claims court or file a complaint with the ohio labor department? It's for approx. $600. Does filing a complaint with the labor department get him his money or just a filed complaint? Which is more effective?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son is autistic and I am his mother and he is unwilling to "talk" about the situation as it upsets him highly. I have talked to the employer on a few occasions and it was understood he would issue a new check, though we've been waiting......

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Answered in 4 minutes by:
3/9/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,462
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 5 months ago
Thank you

He wants to file a Wage and Hour Complaint with the Ohio Department of Labor. The department can get him his payment faster and at no cost to him.

If he sues in small claims court he has to pay to file, take time to go to the hearing, and if he wins collect on the judgment.

The Department has the authority to fine the employer until the payment is made.

Here is how to file the complaint:

https://www.workplacefairness.org/wage-hour-claim-OH

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 5 months ago
Thank you!

He can also complain federally:

https://www.dol.gov/whd/howtofilecomplaint.htm

Also see:

http://www.ohio.gov/working/rights/

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You are very welcome.

Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,462
Experience: Over 30 years of experience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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