Thank you for your question. Please permit me to assist you with your concerns.That is a very good question. Is there some sort of a formal written schedule on when checks are supposed to be received? I ask because generally this isn't a federal violation, it is a state department of labor violation for improper wage withholding. There are federal wage laws in place that bar this practice, but those laws only come into effect if the state has no similar laws on the books. The law in Wisconsin states that wages for not more than 31 days prior to date of payment. Hence withholding payments for a week is not against state law, but it can be pursued under separate claims for 'tortious interference' since by her action the individual is intentionally attempting to harm the business and your position.Here is the law that governs:109.03 When wages payable; pay orders.
This answer does not address the situation of a business owner. It only addresses employees vs. employers. I need to know my rights as an owner vs. another owner. I am my own employer, in a sense. But, I do not have authority to remove this partner by the bylaws. This is why she and the other partner are cleverly trying to remove me and therefore own the company by themselves by the foreclosure method. This is a manufacturing plant. the pay issue is only one part of the equation but a very important one. If I have no income I can't defend this.
Ron,If you are being paid by the business via a salary, you are considered an emloyee of the business (and owner). The law that I listed would govern the transaction. There is no federal or state law pertaining to wages owed from owner to owner, it comes from employer to employee, which is why the law I listed would govern. Otherwise it becomes not a wage dispute/concern but a breach of fiduciary duty claim against the business and the tortious interference claim I discussed in my previous response.Good luck.
That's a little more help and clarifies it somewhat better...I think. It seems from your answer that I may be able to pursue the matter in court pursuant to the fiduciary responsibilities of the partner to the business as well as me, as an employee and owner. The bylaws have a clause about acts in "contravention of the agreement or that make it impossible to carry on the ordinary business of the company." This is the same one I used to file a cross claim on the bank's action, which a judge has stayed until the dispute is settled. Still, if the income is cut off, I'm in a pickle waiting for the proceedings to happen. I will win the arbitration hands down, because I have all evidence and it is on my side. Partners are delaying the arbitration any way they can and the one is waging a war of attrition.
Thank you for your follow-up, Ron.Exactly right, this does become more of an issue with a fiduciary duty violation owed both to the business and to you as owner. It is not a wage violation, but it can be pursued for interfering with your ability to handle regular day-to-day operations in the same manner you pursued it in the past.Hope that clarifies!
Ok, now that is more of the answer I was looking for. I needed that confirmation of what I already thought. I should then take this up with both the state and with the local courts by filing a complaint with the state, and also file a claim with the local courts for additional breach of contract.
Thank you again,
I will definitely rate you well on this. You stayed with it and gave me the confidence I needed to proceed. I do have a business attorney here but he is perplexed about what to do on the dispute since the partners are not cooperating with us and stalling. I have a mountain of evidence, including personal emails generated on our company computers, which I understand are intellectual property and now I have been blocked from access to the other company emails to hide the evidence. Quite a complicated situation. My attorney is what you might term a general practitioner and I am concerned about that. It isn't always enough to be right, and losing your life's work at the end of your career is not easy to take. I am 65.
Thank you again for your jelp. I wish I had you on my team.
You are most welcome. I perceive you to be a decent young man and establishing yourself in your field and what you are doing is hopefully a good step toward the same thing I was doing at your age, trying to make good in a tough and changing work-a-day world. It is tough for me to accept that the lure of money may wreck a lifetime of achievement in my field of work. The reputation I have enjoyed is intact and so is my sanity. This does not diminish my faith in those coming along behind me.
Much luck to you Dimitry,
Ok, will do. I suppose the only way to contact you is through this site and ask for you. Otherwise you have my number I listed as XXX-XXX-XXXX
Have a terrific day,
Thanks Dimitry, you answered my initial question as best as I could expect. I gave you a good rating. I had a meeting with my business attorney yesterday and there is actin to be taken, although the statutes in this state allow for considerable employer discretion when it comes to pay, although in this case it is a partner using that to further a vendetta. I am dealing with it the best way I can.
Thank you for your followup.
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