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Paycheck issues, memorial day. laws concerning?


JeepcoMJ
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I worked 143 hours the week before memorial day, and have over $500 in personal work-related expenses (i.e. my alotted $$$ for food, parts expense, and having to buy a digital camera due to the fact that work neglected to give me one, and I don't have keys to the camera locker and had to leave after office hours)

 

I was out of state.

 

When out of state, we send our expense reports/hours sheets in saturday morning via fedex drop off, and must have it in the drop box in the A.M.

 

 

I did all of this.

 

we use fedex next day air...should be there next business day by 10:30AM.

 

 

so. memorial day occured that following monday. obviously it wouldn't show up until Tuesday. It didn't. Our hours and expenses are forwarded to the main office in Illiniois to go through payroll.

 

obviously, it missed the cut-off. My boss noticed this, and knew I'd worked at least 40 hours. he told me I'd get those 40 hours from what I worked, and the rest would be on the next pay check. not a big deal, I just need the 95 hours to cover my bills seeing as it's the beginning of the month.

 

 

Well, pay day was Friday. they only payed me 40 hours reg. pay and 15 hours OT from the week before I worked a 143 hour work week. I was not given the 40 hours, as I had been told.

 

so, I got a $470 pay check.

 

my bills are $700, due within the next 5 days between all of the bills. I also have need to get money out to a couple people I owe, and had alotted for that from this pay check with the rest to go into savings.

 

 

At the moment, I can't cover even half of my bills, I'm left with $0 for the next two weeks, and don't want to borrow money from any relatives to get through. It's not a question of whether I can pay them back...This month I will net around $4500 after taxes due to a raise and having alot of jobs scheduled.

 

 

I was talking to TNT earlier and he told me that, by law, they MUST cut me a check immediately for it, due to the fact that it is a holiday week (for some reason or other I feel that this makes sense :hmm: ?)

 

What do you guys think? I'm in a bind, and this was the pay check to get me all squared up and I was actually going to finish paying off school with this check, and also pay the state what I owe them for probation fees seeing as I'm done with that (thank God for that learning experience....even more so for the end of proving I learned something :thumbsup: ) in a few days.

 

I seriously need help....I don't know what to do. Can I force them to cut the check now, or am I pretty much screwed into waiting another two weeks?

 

one thing to consider:

our paychecks come from Illinois. I live and work in WI. I don't know if that makes my paychecks abide by Illinois laws, or WI laws.

 

Thanks,

 

Pat

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I don't know about your laws but I would be willing to donate a few bucks to you to help you get outta that bind. I've been there man, and it is a slippery slope.

 

Please don't think of this as charity.

 

I consider most everyone (the regulars) on this board my friends and would help them where I can.

 

Lemme know if there is anything I can do for you Pat.

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have you tried explaining the deal nicely, and asking for a check. every job i've ever had the couple times checks didin't come through right the boss cut us checks out of a different account, and just redirected or kept the checks that came out of payroll when they came.

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Pat, if you haven't already, it sounds like you need to have a talk with your supervisor/boss. If that doesn't get you the resolution you need, i.e. a check cut on the spot from either your local office or a check overnighted from the home office, then I would suggest you talk to the HEAD of HR at the home office. Don't talk to accounting, talk to HR. You have a serious and valid complaint about a work related issue, that's what Human Resources is there for. Good luck!

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This is a terrible situation, and the only way to know exactly how much and when you are owed something I would need to see your company policies. For example there must be a written policy telling you that the cutoff is Tuesday with a "postmark" of Saturday in the A.M.. There also must be a policy somewhere that states "except holidays" and instructs you what to do like the timecard must be sent out Friday in the A.M., or that during a Monday Holiday that Wednesday is the cut off date. Absent these written policies I believe you are owed the hours.

 

I would recommend in these employer dominated times, be polite, be gracious, and explain (without details) you have major obligations. If they could even cut you a check for the $320 or whatever your financial obligations require until your next pay check is issued. Most companies can easily process a hand drawn check and manually "dock" the check amount from your next check. Sometimes having the law on your side and being right isn't always good in the long run. If you need this job work with them, and if the are an outstanding company you will get all that is coming to you in a day, if thay are a fair company they will work with you to get your immediate obligations paid. Good luck!

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Thanks guys.

 

I'm at the office right now, just finished an install, and waiting to speak with my boss (supervisor doesn't care at all) about it.

 

shelby, I appreciate it, but I don't wish to do anything like that. I'm trying to avoid any other debt than what I currently have...I feel better knowing I don't owe people money.

 

Thanks,

 

Pat

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wi labor laws would be applicable to you. federal laws as well, but it's going to be the wi laws that help or hurt you. unfortunately, most state laws allow for a variety of pay situations. i would guess that the state would require the overtime payment without a doubt. so you should get the overtime pay, period. the thing is, they are probably allowed by law to pay you separate checks for regular hours, overtime, commisions, expenses, etc.. so they are probably ok as far as the law goes.

 

if you want to get something done though, i agree you should go straight to hr. they may try and pawn you off to accounting or payroll, but you need to let them know this is an employee relations issue and that that's what they are there for. be nice, but let them know you need them to help you get this matter resolved asap.

 

no matter how big the company is, they should be able to cut a special check for you. that doesn't mean they have to, just that they can. some larger companies will only cut payroll checks on specific days. so you may have to wait.

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automan, I work for Ken's Beverage, installing coca-cola self serves and drive thru units and everything applicable to the operations thereof. this includes coffee equipment etc. at all of the McDonalds and other fast food and ma and pa resturants.

 

I go out of state on installs, etc. but recently we've been doing reverse osmosis tank inspections for any manufacturer defects...hence the long time out and the couple hundred stores out there.

 

 

Guys, I spoke with the H.R. office multiple times today, and they said that Ken's won't cut me the check. I was very nice up to that point, and said thank you very much. I said that I have documents showing my hours worked for the week I did not recieve pay, and I expect everything to be in order to the penny, and accurately showing my hours.

 

I left it at that. ATM I need the job and am not going to put it in jeopardy. My boss (who is a friend of mine outside of work...from prior to working there) understands exactly what will happen if I get screwed over even more on this, or ever again.

 

*shrug*. push comes to shove, I work there until the summer is over, and just go back to school...fafsa covers my complete tuition and I get around $1500 back, so a part time job and I'd be set.

 

Thanks Guys.

 

-Pat

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Yeah. I remember you saying that now. So that means you could make me a pretty saweet wet bar in the basement huh :brows: ? Just kidding. I hope everything works out. Sounds like at least you have your friend on your side.

 

Rob L.

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Yeah. I remember you saying that now. So that means you could make me a pretty saweet wet bar in the basement huh :brows: ? Just kidding. I hope everything works out. Sounds like at least you have your friend on your side.

 

Rob L.

 

 

yup. he's just powerless to make anything happen with the issue.

 

and yes, I could do that. I happen to have a couple two-valve towers that we removed from stores when we changed out equipment that I'm rebuilding, for that purpose.

 

I figure I can make a bag-in-box pump, the tower, and another bag-in-box pump and set it up with say, OJ and vodka and ratio out the valves to make a nice little screwdriver :P

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if it's a matter of them not paying you at all, then you have a labor dispute and should file a complaint with the wi department of labor. they will investigate and most likely get you your money. the company you work for can't retaliate against you for filing a dispute. one it's filed, they tend to walk on eggshells for a while.

 

if it's just that they won't cut you a check now and will include it in your next paycheck.. you're up the creek. they do not have to cut you a seperate check in most states as long as you are paid in the end. because it's now a dispute, they can even wait a little longer to verify the proper amount is paid. but that's all up to the wi labor laws.

 

i would call the wi labor department and talk to them. just talking to them doesn't mean you are fileing a complaint. you shouldn't even have to name names, just ask what if. sometimes the labor department compliance and investigations section is in the states attorney's office if you have trouble getting a phone number.

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Pat, Are they telling you to wait for your next check? or are they saying they don't owe you the money?

 

Another thing I do if I know I will be working alot of hours for a few weeks is change my exemptions to like 9. This way they take almost no taxes from all the OT. If you change it back after a few weeks it doesnt really affect your end of the year tax return. I think you can change exemptions up to like 4 times a year for fed law.

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Pat, Are they telling you to wait for your next check? or are they saying they don't owe you the money?

 

Another thing I do if I know I will be working alot of hours for a few weeks is change my exemptions to like 9. This way they take almost no taxes from all the OT. If you change it back after a few weeks it doesnt really affect your end of the year tax return. I think you can change exemptions up to like 4 times a year for fed law.

 

 

they said wait til next check. if they'd said otherwise, the attorneys would already be all over them.

 

 

I can't change my expemptions like that....I almost never know I'm leaving the state more than 3 days in advance. kind of sucks, but the pay is there (if I get payed :P)

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I believe that, by law, they MUST cut you a check for the work time within 24 hours of being notified of the error. If that means the president of the company has to write you a personal check and get reimbursed from the payroll department in Illinoos, so be it. The fact they do payroll remotely doesn't negate the law.

 

Not sure if that applies to your expenses, but they should find it easier to cut one special check rather than two.

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bummer. i think they are ok doing that. as long as you receive it and they are not withholding funds, i think they can do it. it's not right, but i think they can. if they won't included it in pay within your employee/employer contract, then you have a labor dispute. if you have no real contract, the company probably gave you employment info when you started, that is considered the agreed upon contract in most states. if it says they have to pay you salary, overtime, and expenses weekly monthly, whatever, that's what they need to do. most companies have a small disclosure in case there is an error that it will be corrected and paid on the check following the dispute resolution.

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Pat, sounds like you're working for a nickle/dime outfit that really doesn't give a dayem about their employees, and I'm sure you are busting your butt for them if I read you right. I realize jobs are scarce and sometimes hard to come by in our current economic situation, and I don't see it improving anytime soon. But, if at all possible, recommend you continuing your education w. subsidies as you alluded to in a previous post. You're a young guy, and have plenty of time. :cheers:

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Well,

 

it ended up only being $300. I had $100, a friend paid me $90 of the $150 he owed me, borrowed $100 from another friend, and borrowed $10 from my mom.

 

 

so, got it done and I'm now done with probation. thank god.

 

one week I get paid a very nice paycheck, and other than paying back $110 to people, It is all mine. I'm picking up woody62's 86 comanche and cherokee, and buying the rest of the engine parts that I need to rebuild the 3800.

 

following check is around $1500 and it's all free and clear as well....that will all go straight into the bank.

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Well,

 

it ended up only being $300. I had $100, a friend paid me $90 of the $150 he owed me, borrowed $100 from another friend, and borrowed $10 from my mom.

 

 

so, got it done and I'm now done with probation. thank god.

 

one week I get paid a very nice paycheck, and other than paying back $110 to people, It is all mine. I'm picking up woody62's 86 comanche and cherokee, and buying the rest of the engine parts that I need to rebuild the 3800.

 

following check is around $1500 and it's all free and clear as well....that will all go straight into the bank.

Very wise move on your part, money in the bank and done with your legal obligations. Like I said before ,sometimes being right is always whats best for you. I am glad this worked out for you.

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Pat,

I am glad it worked out for you!! :cheers: :cheers:

 

I had a long post with much advice. Much of which mirrored what you have already read. BUT... seems the Comanche club forum demons are at it again and before I could post... poof... its gone. :fs1: :headpop: .

But no matter, sounds like your biggest priority has been satisfied. jamminz.gif

 

Just so you know your not alone, I too had buku OT last pay period. I fully expected mistakes. But to my delight I was merely shorted one days pay for carrying the ONCALL phone..... :oops: :oops: Just $40 bucks. But shorted just the same.

 

CW

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Pat,

I am glad it worked out for you!! :cheers: :cheers:

 

I had a long post with much advice. Much of which mirrored what you have already read. BUT... seems the Comanche club forum demons are at it again and before I could post... poof... its gone. :fs1: :headpop: .

But no matter, sounds like your biggest priority has been satisfied. jamminz.gif

 

Just so you know your not alone, I too had buku OT last pay period. I fully expected mistakes. But to my delight I was merely shorted one days pay for carrying the ONCALL phone..... :oops: :oops: Just $40 bucks. But shorted just the same.

 

CW

 

 

Thanks CW.

 

I don't know why you're experiencing those issues....I've never had that problem with the forum.

 

but yeah, almost every time I have OT I have to correct a mistake...$10 here or there so no biggy.

 

 

I also spent about 5 hours today at the District Attorney's office in the county where I did my dumb@$$ery. got all criminal records expunged (part of the agreement, and that's the reason my probation was so long, and the reason I had community service). Got really lucky...the attorney I had for this two years ago is actually the DA now :D.

 

 

so. as tight as money actually is, It's OK for now. I have $17 to make it through the next week lol.

 

-Pat

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