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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 10583
Experience:  Licensed Texas General Practice Attorney
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I am a manager and I have been suspended pending an investigation

Resolved Question:

I am a manager and I have been suspended pending an investigation I found finical discrepancies. I had almost a full two week paycheck coming however it should have been auto deposited today and it was not. Does the employer have the right to hide my pay
Submitted: 7 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 7 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Legally speaking, no. Your employer has a legal requirement to pay you at least monthly according to Chapter 109 of the Wisconsin Statutes, but can set more frequent pay periods (such as weekly, biweekly, etc...) If there is a more frequent pay period, it has to be complied with. Now they could argue that it's a "deduction" or "hold", but those are authorized only in very limited circumstances:

ScottyMacEsq :

 


Employers may only make deductions from the wages of an employee for loss, theft, damage, or faulty workmanship under one of the following conditions:



  • The deduction is authorized, in writing, by the employee after the problem occurs and before the deduction is made;

  • a representative of the employee has determined that the employee was at fault and that the deduction may be made; or the employee has been found guilty or held liable in a court of law.


An employer who makes a deduction not authorized in one of these ways may be held liable for twice the amount of the deduction. Blanket authorizations are not valid. The employee’s written permission must be obtained after each occurrence of a problem.


 

ScottyMacEsq :

 


Employees have the right to file a wage claim with the department if there is a dispute with the employer about the amount of wages owed. If the employer refuses to pay wages earned on the regularly established payday, the employee should request payment. If the employee does not receive payment after 6 days, the employee may file a claim with the department. Once a claim is filed, the department will seek to resolve the matter with the employer.


 

ScottyMacEsq :

 


The department may take action on the following types of wage claims:



  • Salaries

  • Severance pay

  • Commissions

  • Expenses

  • Holiday pay

  • Bonuses

  • Vacation pay

  • Illegal deductions from wages

  • Supplemental unemployment compensation

  • benefits when required under a binding

  • collective bargaining agreement.

  • Other similar advantages agreed upon between the employer and the employee.

  • Other similar advantages provided by the employer to his employees as an established policy.


The department may not have authority to take legal action on some claims, including:



  • Unpaid bills owed to the employee

  • Claims made by independent contractors

  • Claims already filed in court

  • Out-of-state employers in some cases


 

ScottyMacEsq :

 


 


To file a wage claim visit the website at: http://dwd.wisconsin.gov/er


 


 

ScottyMacEsq :

The second link will work.

ScottyMacEsq :

You can inform your employer that you will do this (giving the employer the opportunity to fix this issue without taking legal action) but that's really up to you.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Question do they have to feel out the disability paperwork and if so how long so how long do they have to respond?

Customer:

Have to take granddaughter to school will be back shoretly

ScottyMacEsq :

Typically they don't file for disability. If it's a workers comp situation, then they could, but this is typically something that you do on your own. http://www.dhs.wisconsin.gov/ddb/apply.htm

ScottyMacEsq :

Now for workers compensation (i.e. On the job injury) they would have 14 days to respond / challenge / etc... after filing.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 10583
Experience: Licensed Texas General Practice Attorney
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