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Mississippi does not have any specific law regarding deductions / withdrawals from an employee’s paycheck or whether an employee must provide written consent prior to any deduction, leaving employers to comply only federal law. However, MS Code §71-1-35 requires that employers with more than 50 employees pay non-exempt employees their full wages at least twice monthly. If the bonus was given without condition, then the employer could not retain the wages for work already done to get part of it back.
You can threaten filing a complaint with the Department of Labor, as he cannot withhold these wages from you absent a written agreement allowing him to do so.
Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid wages.
If he still doesn't pay, Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you should be paid.
The MS Department of Labor doesn't actually have a complaint process, so the best thing to do would be to file a small claims action against him, seeking that amount that is due to you.
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!
While that is generally true, absent fraud or mistake (which he might have alleged) the fact is that you want to get your money. TO do so you would still need to sue the employer. Now you could also threaten filing charges against him for wire fraud, etc... but the key is that you actually want to get paid.
This is wrong for him to do, yes.
I'm not sure that I understand your follow up question though...
You can complaint to the Louisiana Department of Labor:
Louisiana Department of LaborPhysical Address:1001 N. 23rd Street
P.O. Box 94094Baton Rouge, LA 70804 - 9094Ph: 225- 342- 3111Web: http://www.laworks.net/Workers.asp
Yes. I'm searching for that law / regulation, but I am not able to find it. While it's true that they can't stop payment on a check / etc... without good reason (that could be fraud / hot check law) I can't find authority regarding the "clawback" of an electronic chcek.
(and what, if any, recourse there would be in such a situation)
Can you link to that page so I can see the context?
I understand. Most likely it would require filing a complaint with the US Department of Labor, Wage and Hour division.
They don't have a way that you can do that online, but you can contact your local office to do so: http://www.dol.gov/whd/america2.htm
That's what I said: "Most likely it would require filing a complaint with the US Department of Labor, Wage and Hour division. "
Can you see what I had typed before and the link to the page regarding the field offices?
I understand. Again, if it is actionable, it would be through the US Department of Labor, Wage and Hour division. The other things that I said about 30 minutes ago (demand letters, etc...) still apply to any amount withheld.
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