How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

Withholding Pay

When starting employment, many times we have to wait a few weeks to be paid, bringing many questions regarding pay withholding. Many people often ask can an employer withhold pay for various reasons. Many do not understand the difference between withholding pay from employees vs. severance pay withholding. Often people may turn to the Experts for help. Listed below is five of the Top withholding pay Questions that have been answered by the Experts.

Can an employer withhold someone’s commission and part of his or her pay until the following pay period. Then only pay them their base pay because the controller is on vacation?

Only if they have a written provision that allows for the delay in pay due to returns, etc. but to change the policy unilaterally because the controller is not there is not valid and a violation of the Dept of Labor (DOL) guidelines for pay. The problem is you would have to file a claim with your local DOL which would not endear you to the employer so perhaps just pointing it out on a friendly basis will be enough to get them to cut you a check.

If someone that lives in the state of Michigan is having their wages held what can they do?

This procedure is illegal. The individual’s boss is not permitted to withhold wages and has to pay all of the individual’s wages that they earned in the before pay period. They can mention the relevant Michigan law to the individual’s boss as follows:

408.472 Payment of wages; time; regularly scheduled weekly or biweekly payday; monthly payday; overtime earnings during month of December; frequency of wage payments.

An employer who has established a regularly scheduled weekly or biweekly payday shall be deemed to comply with subsection (1) provided that:
(a) Wages are paid to the employee on the established regularly recurring payday; and
(b) Such payday occurs on or before the fourteenth day following the end of the work period in which the wages are earned.
(4) An employer who establishes a monthly payday shall be deemed to comply with subsection (1) if the employer pays to the employee on or before the first day of each calendar month all wages earned during the preceding calendar month.

If someone’s boss has not paid them and is withholding a letter that was mailed to the party by the IRS, and they opened the party’s letter and refuses to return it. How can someone have the boss prosecuted for this?

The individual can file two charges against them, 1) stealing someone else’s mail (18 USC 1708 and 1709) and destroying their mail (18 USC 1705). The individual should get in touch with the U.S post Office Inspection Service. Here is a helpful website https://postalinspectors.uspis.gov/. 2) The individual should file a wage claim towards their boss for the amount of cash that is owed to them here is a helpful website http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

Can someone’s former employer withhold their entire final paycheck until they return their computer equipment?

Case Details: No deposit was ever requested and the party was never told prior to their employment or at any time during their employment that their check would be withheld until equipment was returned.

The company is required to pay the individual. If the company refuses to do so, then the individual can report the company to the Labor Dep. The company should ask to recover separately and could take this to small claims court.

If an employer is withholding pay from an employee because they cost the company money from their own negligence in the state of Colorado is this legal?

Generally speaking an employer in Colorado is not allowed to take a deduction for damage to company property caused by the negligence of an employee. The only exception would be if there was an enforceable contract where the employee received consideration in exchange for their agreement in the future to pay for damaged property.

Withholding pay by employers can be very confusing. Many of people are facing withholding pay, and have many questions and no answers. By asking the Expert’s individual’s can get their questions answered fast and promptly.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18394
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3850
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)