Can an employer withold backpay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer withold backpay?
My husband works for a company that layed him off but still worked him. They gave him $98 a week as not to mess up his unemployment benefits. If he worked over the alotted time they “banked” his hours. We asked for only $300 (he has at least $2000) but they will not give it to him unless its a rain day or he takes personal time off. However they will not call a rain day (it’s poured all week and it’s icky out) and won’t let him have time off. Can they do this?
Asked on May 4, 2012 under Employment Labor Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What can be done with respect to your husband's owed wages depends upon what agreement he has with his employer that laid him off as to when he is to be paid. If there is no agreement then custom and practice is that he would be paid in accordance with his employer's pay period.
If it is every two weeks, then he gets paid every two weeks. From what you have written, your husband and his employer may be violating the requirements for unemployment benefits regarding the "banked hours".
I suggest that you husband simply ask for the money due him if he wants it subject to the knowledge that such "banked hours" may be a violation of laws regarding unemployment benefits.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.