I live in Wisconsin. In May, I was verbally warned not to work outside of the hours that I was clocked in. In June, I was verbally warned and also sent an email warning to not work outside of the hours that I was clocked in when I got caught a second time doing it. On 12/22, my boss called me... Read more »
If an employer is aware that you are performing work that is unpaid, the employer would be liable for wage and hour law violations. The employer's remedy is to impose discipline, not to withhold payment. Thus, HR is likely trying to determine the amount of unpaid hours that you have worked...Read more »
Federal law requires that you be paid at least minimum wage for all hours worked. So, if your employer's withholding $100 from your check results in your hourly rate falling below minimum wage, this is not permissible.
I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... Read more »
Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.
My boss hasn't given me a check stub since my first week of employment 09/25/2020 upon several requests. I recently contracted covid through the job, everyone in my home is negative. She's refusing to pay me for the two weeks I'm off because, she says her company doesn't support... Read more »
More information is needed here. How many employees work for the business? The Families First Coronavirus Response Act covers employers with less than 500 employees. There is an exception for employers with less than 50 employees, but the employer would need to show paying you for two weeks would...Read more »
The Fair Labor Standards Act ("FLSA") is the federal law governing tip pooling agreements. While tip pooling is generally permissible, your employer can only require you to pool your tips with other employees who customarily receive tips (for example, other servers or bartenders). Your...Read more »
Once you put in your two weeks' notice, your employer is not required to wait until the two weeks are up to terminate your employment. Whether you are entitled to your vacation days likely depends on the policy set forth in your employee handbook. If your handbook states that unused PTO will...Read more »
I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... Read more »
Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs...Read more »
I was a stay at home father for three years. So once my 4yr old son started school. I decided to for back to work in my field of management. I started a job at gordmans retail store with is owned by a big company called Stage Store. Well I hurt me left arm back in October and have been seen by many... Read more »
This is a complex and fact-intensive scenario that you would need to discuss with an attorney to receive any kind of meaningful direction. Your post remains open for four weeks, but one option you could consider is to contact a Wisconsin workers' comp attorney to discuss the denial of the WC...Read more »
My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my... Read more »
Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't...Read more »
Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed
The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.
I approached my employer about picking up my own accounts and doing my own crowns. All I needed from him was to mill them. Everything else would have been done out of my house and would not have burdened him in any way. I offered him reimbursement for the milling. He said he did not like the idea... Read more »
No legal recourse for you against your employer. If your employer does this work and you are competing while an employee, there may be legal recourse that your employer can take but that would depend on Wisconsin laws.
His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... Read more »
If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not...Read more »
It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file...Read more »
I received a job offer contingent on a comprehensive background check. I am not worried about the criminal background check. I did file bankruptcy and the debt was discharged a year ago. Two judgements were also discbarged, but show up on county records. Do I need to alert employer. JOB WAS... Read more »
Pursuant to bankruptcy code section 525, a government employer cannot discriminate solely based on a prior bankruptcy filing. It will probably show up on the background check. This isn't something that needs to be disclosed.
Information provided for informational purposes only, and...Read more »
I paid COBRA premiums for a certain period. There was a change in HR personnel. They cancelled my COBRA coverages for the prior periods. They had the insurance company charge back the clinic what they previously paid. I have documents proving what I paid and for what period. The local circuit... Read more »
I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal...Read more »
of the signing of the contract so I assume it is in full effect even though I have not started yet. As of now they can offer 2-3 days of work a week with the hope/anticipation of 4-5 days within 3 months possibly, it is a healthcare position by the way. I have a competing offer that doesn't... Read more »
More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that...Read more »
The employer sends the employee to various locations around the US to work with clients on a contractual basis. So the city the employee is located at is different from the Employer's city. If the employee wants to file a suit against the employer for wage & hour violations and... Read more »
The suit should be filed in the employee's city: unless the employee believes that the city or state law where employer is, is more favorable than federal law. The employee may hire any attorney that is licensed to practice in jurisdiction where the action is filed. In some states, the law...Read more »
I am 19 and I work at Buffalo Wild Wings where I have been for over a year. I started as a cashier making $9. But then I was asked if I wanted to be a cook instead and that they start at $11 an hour. I needed that extra money so I said yes and I've been working as a cook there for over 6... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.