Manager Withholding Check

[PRome]

I recently resigned from my job without notice. When I had called to inquire about my check the Manager hassled me for a garment that was borrowed during my employment and later returned a couple weeks before my resignation. The manager informed me they had no documentation that I had returned it. When I had inquired about my check he said that they had to confirm and locate the garment & take care of some paper work first. Once I return company's property isn't this a company issue that shouldn't involve me? And aren't they required to send or give me my check if it is for time all ready worked and also if a check was all ready made out to me? Plus the pay period has all ready exceeded. Thanks!

 

[army judge]

I recently resigned from my job without notice. When I had called to inquire about my check the Manager hassled me for a garment that was borrowed during my employment and later returned a couple weeks before my resignation. The manager informed me they had no documentation that I had returned it. When I had inquired about my check he said that they had to confirm and locate the garment & take care of some paper work first. Once I return company's property isn't this a company issue that shouldn't involve me? And aren't they required to send or give me my check if it is for time all ready worked and also if a check was all ready made out to me? Plus the pay period has all ready exceeded. Thanks!

When I looked into the law about final paychecks in WI, I was surprised.
WI is very slow in forcing the employer to pay you.

Some states give the employer 24 hours or 3 days to release your final paycheck.

However, due the passage of time, your employer is in violation of state law.

Your employer MIGHT owe you double your wages for violating the state law.

The Wisconsin Department of Workforce Development addresses wage and hour complaints in your state.

Here is their website where you can file a complaint about your wages.

Or, you can locate the nearest office and file your complaint in person.

Or, you can hire an attorney, and your employer will have to pay the attorney's fees, if you win.

From you say, you can't lose in this case.

And, the employer can't deduct anything from your wages, without signed authorization from you.

You've got a great case, go get your money, using all legal avenues available to you.

http://dwd.wisconsin.gov/dwd/forms/erd/ls_119_e.htm



Here is what WI requires:

Wisconsin

If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours.

If employee quits: next payday. (Wis. Stat. Ann. § 109.03.)

Wisconsin Law Final pay check

In Wisconsin, all discharged employees (whether voluntary or involuntary) must be paid their final paycheck no later than the date they regularly would have been paid under the payroll schedule (but not to exceed 31 days after termination). An employee who loses his or her job because of a merger or acquisition, relocation of the business, or a shut down, must be paid within 24 hours.

Deductions from pay

In Wisconsin, employers may not deduct from an employee's wages for loss, theft, damage, or faulty workmanship (performance issues), unless the employee voluntarily agrees to the deduction in writing after the time the debt was incurred. So having the employee agree to a deduction ahead of time (i.e. before the debt is incurred) will not be sufficient.

There are some exceptions to the above rule, and employers may deduct from an employee's wages under the following circumstances:

* If they have a legal judgment against the employee.
* If the employer and a representative appointed by the employee agree that the defective or faulty workmanship, loss, theft or damage is due to the employee's negligence or misconduct.

Additional Pointers

In both Minnesota and Wisconsin, employers who violate the laws above will generally have to pay double damages (payment of twice the amount illegally deducted) plus attorney fees.

Employers who employ commissioned sales people should know that the final paycheck must include all commissions that are due and payable under the commission agreement. This does not mean you have to pay out commissions upon termination, since it is permissible for commission agreements to determine if, when, and how commissions will be paid out upon termination.

Lastly, accidental overpayments are not subject to the above laws, so employers who accidentally overpay an employee may deduct the amount of the overpayment from future paychecks, or may automatically have the amount withdrawn from the employee's bank account if the employee is paid via direct deposit.

http://www.associatedfinancialgroup.../HumanResources/Vol5/No11Nov06/hrartnov06.asp