Employment Law Questions? Ask an Employment Lawyer.
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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:
Employers may only make deductions from the wages of an employee for loss, theft, damage, or faulty workmanship under one of the following conditions:
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.
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.
The department may take action on the following types of wage claims:
The department may not have authority to take legal action on some claims, including:
To file a wage claim visit the website at: http://dwd.wisconsin.gov/er
The second link will work.
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.
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Question do they have to feel out the disability paperwork and if so how long so how long do they have to respond?
Have to take granddaughter to school will be back shoretly
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
Now for workers compensation (i.e. On the job injury) they would have 14 days to respond / challenge / etc... after filing.
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