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Recent Withholding Pay questions

I have an employee that has comeback from pregnancy leave.

i have an employee that has comeback from pregnancy leave. this was a salaried employee. she had used up all her sick days and vacation time. When she came back to wok she work 43 hrs out of the 80 that would be expected. i paid her at her hourly rate for the hrs she worked. she claims she should have been paid her full salary because i can not change her wages retroactively abd she should have received her full pay checkJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ncJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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John

Attorney

Doctoral Degree

9,668 satisfied customers
It isn't an actual "employment" question as my husband is a

It isn't an actual "employment" question as my husband is a subcontractor for Sears Home Improvement. Sears changes policies all of the time without any notice (and it is never written notice). My husband has done a few jobs that require lead abatement and Sears is now withholding pay for those particular jobs because he does not have a State of MI lead cert, but has his one that is good through 2020. Can they legally withhold pay for this?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Is the employment agreement "at will," union, full time or part time?Customer: As stated he is a subcontractorJA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Lucy, Esq.

Juris Doctor

34,504 satisfied customers
In California, can we put in an offer letter to a

In California, can we put in an offer letter to a prospective employee who receives a substantial advance, that we reserve the right to withhold any monies due from their final paycheck?JA: Is the employment agreement "at will," union, full time or part time?Customer: Salaried, full time.JA: Anything else you want the lawyer to know before I connect you?Customer: If the employee leaves before two years, we have in the offer letter that 0-6 months owe 100%, 6-12 months, owe 75%, 12-18 months, owe 50%, and 18-24 months, owe 25%.

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Infolawyer

Attorney

Juris Doctor.

43,320 satisfied customers
I am a branch manager for a mortgage company. I have 2

I am a branch manager for a mortgage company. I have 2 separate contract one as a branch manager and the other one a Loan Officer. I have been getting my salary which gets added to my P&L and I am also to get paid 35% of the net profit on each closed loan and the other 65% goes back to the P&L. I have only been with this company for 4 months and I have 10 employees that work under me. My P&L is a negative because it just takes about 6 months to get back to a positive number. My company decided to not pay me my salary for the pay period of Dec 1St. They have always paid my salary before even when my P&L was more negative than it is now. So I told them if you are not going to pay me for my salary then you have to pay me for my closed loan that was due to be paid on the Dec 1st check. They still did not pay me anything and they keep saying because my P&L is still negative. I have closed over 8 loans since coming on board and I have never received one Commission check and I am afraid they aren't going to pay me on the 16th pay period. Can you please helpJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Please helpJA: Is the employment agreement "at will," union, full time or part time?Customer: PaJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,354 satisfied customers
My employer enacted her non compete agreement against an

My employer enacted her non compete agreement against an employee who opened a competing business in the area and quit the firm. She sent a letter requiring he pay the $10k non compete or close his business within 30days. When he ignored the letters, she adjusted his Q1 withholdings to go towards the $10k she deemed owed based on the contract. Is that legal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Washington StateJA: Is the employment agreement "at will," union, full time or part time?Customer: At Will, non union and full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I was the payroll tech preparing payroll and the quarterly reports, but I didn't change the withholdings, it was done by my employer outside of my knowledge, until she returned the file for the quarterly report prep. She told me she had every right to collect on his debt by any means

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Infolawyer

Attorney

Juris Doctor.

43,320 satisfied customers
My daughter works for a school system in SC. She is an 11

My daughter works for a school system in SC. She is an 11 month employee. She had complicated knee surgery and has been off work since August. The HR dept. was less than helpful. No up front questions were answered. She was paid while off. Recently she returned to work and was not paid this month. At one point HR told her that payroll was separate and they didn't know what payroll would do and that she was not eligible for disability coverage. In talking with a benefits person yesterday she was given forms to complete to apply for the disability payments that the representative says she has always been eligible for--adding that the person in HR who told her she was not eligible was wrong!Yesterday she received a letter stating that she owes the system $260.00 for her benefits this month since she is not being paid. Can you help her sort this out?

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TJ, Esq.

Juris Doctor (JD)

12,076 satisfied customers
My husband works for a Miami beach restaurant. He used to

Good morning,My husband works for a Miami beach restaurant. He used to work the evening shift until a few weeks before. They would start him at 3 pm and "finish" at 11 then his employer would have him clock out and send him back to work and they keep him there until next morning 6-7 am. Of course he has the right to say know but then he would lose the job. I don't think it's fair towards us. The other issue we have, about a month ago, they deposited his paycheck twice on the account. first we thought it was for his over time but apparently it was just a mistake by the employer. We used the money, now they are not willing to take the money back in payment plans they are not willing to work with us on any level just keep withholding all his paychecks until today. we got to a point that we cat even pay our bills now, cant pay our rent and we have to children under 2 years.We need help !Sincerely,Fanni Murai and Daruco Pacouloute

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Infolawyer

Attorney

Juris Doctor.

43,320 satisfied customers
My daughter is employed in Singapore by an NGO headquartered

My daughter is employed in Singapore by an NGO headquartered in Calif. After 5 years, her ex-pat status expired and she remained with the project as an exempt, high level, employee. For several months the pay has been being readjusted downward and keeps changing. I just visited her and she asked for my assistance in what Calif law might say about these circumstances. They have even withheld pay. She loves the work, but not the salary drama. Where might I go from here to understand what the law says?thank you! Elaine ******

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Ely

Counselor at Law

Juris Doctor

69,922 satisfied customers
I have worked as a senior level executive company 25 years.

I have worked as a senior level executive for my company for over 25 years. Due to some wrong decisions made by my company's board members (family owned and privately-held), the company is doing an organized liquidation. These circumstances have occurred and I wonder if I have any legal standing against them:The company was profitable until roughly two years ago. When recently I discussed the downward spiral of the company, one of the board members/family members said to me, "just hang in there for about a month; changes are coming". The result was the organized liquidation.The owner of the company has become extremely inappropriate due to advanced age and decision-making difficulties. Comments like "why did you bring this shit to me", and "you are so stupid", " and "he is an asshole" are commonplace.Although they gave a few of us senior executives bonuses for last years' performance and reported it in our W-2's, they have held the checks and now the banks are not going to release them due to the organized liquidation.

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Dwayne B.

Juris Doctor

38,210 satisfied customers
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