The deadline, and what it depends on
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.
If you quit and your employer does not know where you are, nothing is owed under the separation rule until 10 business days after you demand payment or until you give an address to send it to. Indiana's labor department will not process a claim from a contractor, a state employee, an owner or partner, or where the employer is in bankruptcy or you have already sued.
What “next regular payday” means
“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.
That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.
Unused PTO — is it owed?
Only if your employer's written policy or agreement promises it. No Indiana statute requires a vacation payout, but the state labor department accepts wage claims for accrued vacation and shows how to work one out. It will not take claims for holiday pay, sick pay, reimbursements, severance or bonuses. Check your handbook or offer letter for what it promises.
What happens if they are late
Since 1 July 2015, an employer that pays late owes the wages due, a reasonable fee for your attorney and court costs; if a court finds the failure to pay was not in good faith, it must order twice the wages as liquidated damages (Indiana Department of Labor).
How to file a claim in Indiana
File an online wage claim with the Indiana Department of Labor, Wage and Hour Division. Some disputes take up to 90 days, and Indiana gives no job protection for filing against a current employer. Filing is free, and you do not need a lawyer.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in Indiana.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Indiana final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Indiana your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Only if your employer's written policy or agreement promises it. No Indiana statute requires a vacation payout, but the state labor department accepts wage claims for accrued vacation and shows how to work one out. It will not take claims for holiday pay, sick pay, reimbursements, severance or bonuses. Check your handbook or offer letter for what it promises.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Indiana. Your final pay is due by your next regular payday, exactly as if you had given notice. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in Indiana if I am fired?
By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable.
What happens if my final paycheck is late in Indiana?
Since 1 July 2015, an employer that pays late owes the wages due, a reasonable fee for your attorney and court costs; if a court finds the failure to pay was not in good faith, it must order twice the wages as liquidated damages (Indiana Department of Labor).
Spotted something wrong? Report an error.
Other states that also tie the deadline to your next payday: Arizona, Delaware and Illinois.
Worked across a state line? Kentucky final paycheck law, Michigan final paycheck law and Ohio final paycheck law.