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An employee was hired for a healthcare salaried position for…

Customer Question
An employee was hired...

An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hours. Employer stated that since employee did not work that day the deduct for the 8 hours is legal in Illinois. Not understanding how salaried position works at this point.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Submitted: 3 months ago.Category: Employment Law
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11/18/2017
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,360
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. Generally, if a person is a salaried employee, the law says that they are entitled to all of their wages during their regular pay days. If an employer is to make a deduction from their paycheck, then it has to be a deduction for things that the employee agrees to, such as their health insurance or union dues, or what is required by state law and federal law, such as taxes. In your case, if you are a salaried employee and the employer deducted money from your paycheck without your authorization and inconsistent with the law, then this is a form of wage theft. You may want to consider either a) going to your state department of labor or b) filing a lawsuit for breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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