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Laid off in Ohio: final pay, and what severance does not cover

A reduction in force is still a separation, and severance is not a substitute for wages already earned. In Ohio, a layoff is treated like any other separation: payment is due on the next regularly scheduled payday.

If you were offered severance in exchange for a release, the release covers claims — it does not convert earned wages into a favour, and it does not move the statutory deadline.

Statute
Ohio Rev. Code § 4113.15; § 4113.99
If fired
Ohio sets no separate deadline for a discharge. Wages must be paid on the employer's regularly scheduled payday, and most employers must pay at least twice a month (Ohio Rev. Code § 4113.15(A)) — so the final check is due on the next regular payday.
If you resigned
Same rule on resignation: the final wages are due on the next regularly scheduled payday, not on the day you leave.
Late-pay penalty
Ohio Rev. Code § 4113.15(B): if wages stay unpaid for 30 days beyond the regularly scheduled payday, the employer is liable for liquidated damages equal to 6% of the amount still unpaid or $200, whichever is greater — but only for amounts not in good-faith dispute.
PTO
Ohio does not require payout of unused vacation unless the employer's written policy or an employment contract promises it.
Small claims limit
$6,000 for an individual
Last verified
2026-11-03 single source

What to put in the file before you write anything

  1. The layoff notice or WARN letter, which usually states the separation date the employer will rely on.
  2. The severance agreement, read for two things: what it says about final wages, and whether it asks you to release the wage claim itself.
  3. Your accrual balance for PTO, and the employer policy that governs forfeiture in Ohio.
  4. Any commission or bonus plan document, because the payment date in the plan is what an employer will point to.

What the letter does that a phone call cannot

A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the Ohio Department of Commerce — Bureau of Wage & Hour Administration, a small claims judge — starts from those three facts. The letter is built from Ohio Rev. Code § 4113.15; § 4113.99 and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.

If the amount fits inside $6,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.

Build the Ohio letter — $9.99 Free: calculate my deadline

Questions

Does accepting severance waive my final paycheck in Ohio?

No. Severance is consideration for a release of claims; earned wages are already owed. A release that purports to cover unpaid wages is a separate question, and one worth reading carefully before signing.

Is my layoff deadline different from a firing in Ohio?

A layoff is treated like any other separation: payment is due on the next regularly scheduled payday.

Other situations in Ohio

being fired · resigning · unused PTO · unpaid commissions · all Ohio rules

Reviewed 2026-11-03 against the sources listed on the Ohio page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.