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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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