Legal Question in Employment Law in Wisconsin

With holding pay because of wreck

Worked part time plowing snow & wrecked owner's truck backed into pole. He paid me for 25 rather than the 54.5 hr worked. Can he not pay me for these hours?

We never discussed my obligation to pay for any damage, I never signed any document for him on any subject or topic, he never provided an employee policy manual or any thing similar to me at any time that might identify our respective responsibilities, etc. I've called him several times (always left msg on machine - never answered)and wrote him 2 letters concerning - no response.

Thanks,

--name removed--


Asked on 3/09/04, 1:05 am

1 Answer from Attorneys

Sally Stix Law Offices of Sally A. Stix

Re: With holding pay because of wreck

http://www.dwd.state.wi.us/er/labor_standards_bureau/how_to_file_a_labor_standards_complaint.htm

Any current or former employee may file a complaint against a place of employment alleging the employee has not been paid all agreed upon wages. The department may also receive complaints from anyone alleging a place of employment has violated one or more state labor standards requirements (i.e. overtime, minimum wage, child labor, etc.).

Employees have the right to file a wage claim with the Equal Rights Division if there is a dispute with the employer in the amount of wages owed, or if an employer fails to pay the wages agreed upon for the time actually worked. If the employer refuses to pay wages earned on the regular established payday, the employee should request payment.

If the employee doesn't receive the payment after 6 days, the employee may file a claim with the Division. Once a claim is filed, the department will seek to resolve the matter with the employer.

The Division may take action on the following types of wage claims:

Illegal Deductions

Claims for unpaid wages must either be filed with the department or in court within two years of when the wages were earned and payable. The department may not accept claims for wages earned more than two years before the complaint is received by the department.

The above was all off the Dept. of Workforce Dev. website.

Hope it is helpful.

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Answered on 3/09/04, 12:16 pm


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