|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Unlawful deduction of wage? |
My daughter has been working at a local childrens' day nursery for 6 mths. Each month always seems to be a struggle for her employers to pay the staff salary, it's often late or paid in installments. My daughters salary was not paid into her account on Monday when it was due. Approaching her employer yesterday, she was told that she had no money and didn't know if or when she would be able to pay her and the rest of the staff. That she may have to give them all notice, but as yet has not done so. What concerns us more, is this person owned three nurseries and one has recently become insolvent leaving a lot of angry unpaid parents and staff. We are worried that my daughter may end up losing her whole months pay. Does anyone have any advice they could offer us that could help my daughter recover her wage fairly quickly? Thanks. A contract of employment, most people think, is just a thing that employees have to follow, but it is in fact applicable to both sides, sumarrising what both sides agree to fulfill. Even if she did not sign her name on a line, there is still a contract in force. One of the standard terms of employment is that the employer will pay wages in a timely manner. The fact that the employer has not had bills paid is not the fault of the employees, so the employees cannot be held liable. Small claims court is possibly a latter resort, but your daughter needs to tell the employer that they want money, or none of the staff will work. The employees are legally entitled to get paid. Yes you can sue the daycare in small claims court...that's all you can do. Report her to the Labor Board. That is in fact against the law. This is a sad situation. My husband also got "jipped" out of a months pay when the company he worked for went out of business. The company had to liquidate all of their assetts to pay thier creditors and gas & electric bills. The employee's never received thier final paychecks. They hired a lawer and went to the Department of Labor and sadly, the Department of Labor said that the employee's are on the bottom of the list to get paid. The creditors and corporations come first (like a few thousand dollars is going to put them under). It sounds to me that this is a particulary small company, which may make the situation even worse. I would reccommend that your daughter and her coworkers file a joint lawsuit against the day care owner for thier wages. it would seem your daughters wages are lost She needs to file a claim with your local wage and labor board. If the company files for bankruptcy protection the first thing that is settled for a company is wages and taxes. If I were you I would advise my daughter to stop working at the center until they pay her all wages owed. She needs to go and find other employment elsewhere. The longer she stays and the more behind they will be to her. I would tell her to find a different job. I do not understand why anyone would be willing to put up with not getting paid on time or in the right amounts, she surely would not have trouble finding another job in the same field. |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |