Final Paycheck Demand and Wage Claim — Ohio

Final Paycheck Demand and Wage Claim (OHIO)

Quick-Reference Summary

PART A — Demand Letter to Former Employer

[CLAIMANT FULL LEGAL NAME]
[Street Address]
[City], Ohio [ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]
Certified Mail Tracking No.: [________________________________]

To:
[Employer Legal Name], [Entity Type]
Attn: [Owner / President / HR Director / Statutory Agent]
[Street Address]
[City], [State] [ZIP]

Re: Demand for Payment of Final Wages under Ohio Rev. Code § 4113.15 — Notice of Intent to Seek Liquidated Damages and File Civil Action

I. Identification of Employment Relationship

II. Separation from Employment

On [__/__/____], my employment with [Employer] ended by reason of:

☐ Involuntary discharge / termination
☐ Layoff / reduction-in-force
☐ Voluntary resignation (notice given [__/__/____])
☐ End of fixed-term contract
☐ Other: [____________________________________]

R.C. § 4113.15(A) establishes a default semimonthly wage-payment schedule, permits daily or weekly payment, and recognizes specified different timing based on custom, written contract, or law. It does not state a special next-payday-or-fifteen-day separation deadline. Identify the employer's controlling compliant schedule:

III. Itemized Statement of Final Wages Owed

Supporting documentation enclosed (or available on request):
☐ Pay stubs / earnings statements
☐ Offer letter / employment agreement
☐ Written vacation / PTO policy
☐ Time records / schedules
☐ Correspondence regarding separation and final pay

IV. Statutory Deadline Violated

Ohio Rev. Code § 4113.15(A) provides:

"Every individual, firm, partnership, association, or corporation doing business in this state shall, on or before the first day of each month, pay all its employees the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and shall, on or before the fifteenth day of each month, pay such employees the wages earned by them during the last half of the preceding calendar month."

The controlling wage-payment date of [__/__/____] under the employer's schedule and R.C. § 4113.15(A) has passed, and the unpaid wages identified above remain outstanding.

V. Liquidated Damages, Constitutional Damages, and Penalties

1. R.C. § 4113.15(B) liquidated damages: Where wages remain unpaid "for thirty days beyond the regularly scheduled payday" and "no contest, court order, or dispute of any wage claim including the assertion of a counterclaim exists accounting for nonpayment," the employer is liable, IN ADDITION to the wages, for liquidated damages equal to:

6% of the unpaid amount OR $200.00, whichever is greater.

No contest, court order, or dispute of a wage claim, including an asserted counterclaim, accounts for nonpayment. The 30-day clock began on [__/__/____] and expires on [__/__/____].

2. Ohio Constitution Art. II § 34a (if minimum-wage violation): Employer is liable for back wages plus an amount equal to twice the back wages owed as additional damages, plus reasonable attorney's fees and costs, plus reinstatement and injunctive relief for retaliation. 3-year SOL.

3. R.C. §§ 4111.03 and 4111.10 (Ohio overtime claim): Employer is liable for the unpaid overtime wage rate, costs, and reasonable attorney's fees as allowed by the court. Section 4111.10 does not itself add liquidated damages.

4. Pre- and post-judgment interest at the statutory rate (R.C. § 1343.03), which is currently the rate set annually by the Ohio Tax Commissioner.

5. Failure to provide pay records (Art. II § 34a; R.C. § 4111.14): Employee may seek a court order requiring production of records and attorney's fees for any action required to obtain them.

VI. Demand for Payment

I hereby DEMAND payment of $[_______________] (principal wages owed) plus accrued/anticipated R.C. § 4113.15(B) liquidated damages of $[_______________], for a total of $[_______________], no later than [__/__/____] ([14 / 21] calendar days from the date of this letter; before the 30-day liquidated-damages window closes if at all possible).

Payment must be made by:

☐ Certified or cashier's check payable to "[Claimant Name]" delivered to the address above; OR
☐ Wire/ACH to: [Bank Name] / Routing [________________] / Account [________________].

VII. Demand for Wage Records (Ohio Const. Art. II § 34a; R.C. § 4111.14)

Pursuant to Ohio Const. Art. II § 34a and R.C. § 4111.14, I demand that you provide, within 30 days of the date of this letter, complete copies of all of my wage and hour records, including:

☐ Time and attendance records for the entire period of employment
☐ Payroll registers and pay stubs
☐ W-2s, W-4s, and any 1099s issued in my name
☐ Direct-deposit and payment records
☐ Written employment agreement(s), offer letter, and all amendments
☐ Commission/bonus plan documents and calculation worksheets
☐ Vacation/PTO accrual records and current policy text
☐ Employee handbook(s) in effect during my employment

Failure to provide these records may result in a court action with fee-shifting under Art. II § 34a.

VIII. Litigation Hold / Preservation Demand

You are placed on notice that civil litigation is reasonably anticipated. You are directed to preserve all ESI and tangible evidence relating to my employment and compensation, including all documents identified in Section VII above, plus internal emails, text messages, payroll-service (ADP/Paychex/Gusto/Paycor) records, bank statements showing payroll transfers, and accounting records. Spoliation may give rise to sanctions and an adverse-inference instruction.

IX. Notice of Intent to File Suit

If full payment is not received by [__/__/____], I intend, WITHOUT FURTHER NOTICE, to:

☐ File suit in the [_______________] County Municipal Court — Small Claims Division (if total ≤ $6,000 under R.C. § 1925.02); OR
☐ File suit in the [_______________] County Common Pleas Court seeking unpaid wages, R.C. § 4113.15(B) liquidated damages, constitutional additional two-times damages for any minimum-wage violation, Ohio overtime remedies under §§ 4111.03 and 4111.10, attorney's fees where authorized, costs, and pre- and post-judgment interest;

and may simultaneously file a complaint with the Ohio Department of Commerce, Bureau of Wage and Hour Administration for any minimum-wage, overtime, or prevailing-wage component of this claim.

I reserve all rights and remedies under federal law (Fair Labor Standards Act, 29 U.S.C. § 201 et seq.) and all Ohio statutory and common-law remedies (including breach of contract under R.C. § 2305.06 / § 2305.07).

Sincerely,

________________________________________
[Claimant Full Legal Name]

Enclosures: [list]

PART B — Ohio Bureau of Wage and Hour Filing (Minimum-Wage / Overtime / Prevailing-Wage Component)

B.1 Filing Agency

Ohio Department of Commerce
Division of Industrial Compliance and Labor
Bureau of Wage and Hour Administration
6606 Tussing Rd., P.O. Box 4009
Reynoldsburg, OH 43068-9009
Phone: (614) 644-2239
Fax: (614) 728-8639
Web: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/what-we-do

B.2 Available Forms

• Minimum Wage / Overtime Complaint Form — downloadable from BWHA website
• Prevailing Wage Complaint Form — public-works projects only
• Minor Labor Complaint Form — workers under 18

B.3 Information Required

☐ Claimant full legal name, address, phone, email
☐ Employer legal name, DBA, physical address
☐ Job title, dates of employment, work location (must be OH)
☐ Rate of pay, hours worked, pay periods unpaid
☐ Itemized amount claimed
☐ Description of violation (minimum wage / overtime / prevailing wage)

B.4 Attachments Recommended

☐ Copy of demand letter (Part A) with certified-mail proof
☐ Pay stubs, W-2s, time records
☐ Offer letter / employment agreement
☐ Calculations spreadsheet

B.5 Critical Deadlines

B.6 Election of Remedies and Forum

R.C. § 4113.15 is enforced primarily in civil court because BWHA has no statutory mandate over private-employer final-paycheck disputes. The constitutional Art. II § 34a minimum-wage claim has both an administrative pathway (BWHA) and a private right of action; an aggrieved employee may proceed administratively, in court, or both, but cannot double-recover. Plan the forum carefully:

B.7 After Filing (BWHA)

1. BWHA assigns an investigator and serves employer with notice.
2. Employer must produce wage/hour records.
3. BWHA may schedule a conference or issue findings.
4. BWHA can order payment of back wages and assess civil penalties; in many private-employer wage cases BWHA will refer the matter to the prosecutor or close pending civil action.

PART C — Pre-Send Checklist

☐ Confirm work was performed in Ohio
☐ Confirm employer is "doing business in Ohio" (R.C. § 4113.15(A))
☐ Confirm claimant is an "employee" (not bona fide independent contractor)
☐ Identify the controlling compliant wage-payment date under § 4113.15(A), the employer's schedule, and any written contract or other applicable law
☐ Itemize each unpaid component (regular wages, OT, vacation if policy provides, commission, deductions)
☐ Calculate 30-day window for R.C. § 4113.15(B) liquidated damages; deadline date: [__/__/____]
☐ Compute 6% of principal AND compare to $200 floor; use higher
☐ Identify potential minimum-wage / overtime claim → 3-year Art. II § 34a damages (2× back wages + fees)
☐ Demand wage records under Art. II § 34a (30-day clock)
☐ Confirm SOL for each claim (§ 4113.15 statutory-liability claim: 6 years; minimum wage: 3 years)
☐ Send by certified mail, return receipt requested AND by email
☐ Save proof of service
☐ Issue litigation-hold letter
☐ Preserve claimant's own records
☐ Choose forum: small claims (≤ $6,000), municipal/common pleas, BWHA (minimum wage/OT only)
☐ Remove all and blocks before sending

Sources and References

• Ohio Rev. Code § 4113.15 (Prompt Pay Act): https://codes.ohio.gov/ohio-revised-code/section-4113.15
• Ohio Rev. Code § 4111.10 (unpaid-overtime remedies): https://codes.ohio.gov/ohio-revised-code/section-4111.10
• Ohio Rev. Code § 4111.14 (records and inspection): https://codes.ohio.gov/ohio-revised-code/section-4111.14
• Ohio Constitution Art. II § 34a (minimum wage): https://codes.ohio.gov/ohio-constitution/section-2.34a
• Ohio Rev. Code § 1925.02 (small claims jurisdiction): https://codes.ohio.gov/ohio-revised-code/section-1925.02
• Ohio Rev. Code § 2305.06 (6-year SOL written contract): https://codes.ohio.gov/ohio-revised-code/section-2305.06
• Ohio Rev. Code § 2305.07 (4-year unwritten-contract and 6-year statutory-liability periods): https://codes.ohio.gov/ohio-revised-code/section-2305.07
• Ohio Dep't of Commerce, Bureau of Wage and Hour Administration: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/what-we-do
• Ohio Attorney General — Labor Relations FAQs (agency contact): https://www.ohioattorneygeneral.gov/FAQ/Labor-Relations-FAQs