Announcement

Collapse
No announcement yet.

same issue.. kindof

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • same issue.. kindof

    Hi, I kinda have the same problem... and i would appreciate if anyone could help out...
    I worked in Wisconsin for a while when i was a student, but had to move back to canada because of family situations...
    my xemployer said that she'll mail me the cheque, but she hasn't and it's been over three weeks past my pay day...
    now, my x employer was also my land lord... and she says that i would have to pay for the carpet cleaning, and that they would first send me the invoice of the carpet cleaning and only after receiving the pay, willl they send me my paycheque..they had my security deposit that i said they can keep and in return i won't pay the last month's rent since i had to leave early.. and didn't say anything about it...
    now, the thing is... my agreement for the apartment doesnt state that i have to do that... it only states "The reasonable cost of repair for waste, neglect or damages for which Tenant is responsible, normal wear and tear excepted, may be deducted from the security deposit"... i have no problem paying for the carpet even though its not my responsibility (considering i am my room mate had to clean the apartment ourselves before we could live in it), but i just want to reconfirm that what the employer is doing is illegal... and also the fact that she's mixing work with personal matters...

    thanks you lots

  • #2
    If this took place in Canada, I'm not sure we can help you. Canadian law and US law are very different and we don't have any Canadian law experts here.

    Or is this your Wisconsin employer you're talking about?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      re:

      I'm sorry for not being clear...
      This all took place in Wisconsin. I just moved back to Canada before my payday.

      Comment


      • #4
        These are completely two separate issues.

        The landlord/owner of where you lived can sue you for repair costs that are "out of the ordinary" for regular wear and tear over and above any deposits you may have made when you moved in.

        You can file a claim for unpaid wages with the Wisconsin Dept. of Workforce Development.
        http://www.dwd.state.wi.us/dwd/forms/erd/ls_119_e.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          I disagree with PattyMD. The OP says that the landlord is holding his paycheck hostage for paying them to clean the carpet (which is considered normal wear and tear) unless the OP totally made a mess. I don't think they can hold his paycheck. I am not from that state but here in Washington you cannot withhold a paycheck for any reason.

          Comment


          • #6
            gabbygirl, you misunderstood what I said (although how, I have no idea). Read it again.

            These are completely two separate issues.
            Last edited by Pattymd; 04-04-2009, 01:25 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Patty said "You can file a claim for unpaid wages with the Wisconsin Dept. of Workforce Development". How are you getting from what she actually said to what you just said? I am in agreement that the employer cannot legally hold the paycheck, but I failing to see where Patty said otherwise.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Re

                thank you all very much!!
                Yes they are two different situations- they're not related... You can't hold back my cheque just coz the employer happens to be my landlord... I don't think that's a good reason! Besides she herself said that the carpets were in good shape.... Why must I pay for it then... Could it show as a tax deduction or something if she says that her tenant didn't pay for the carpet cleaning...??? I dunno.. Either that or as I believe(like all the other employees including the head chef who left that restaurant believe) it's just the way she is- not a nice person to be around... She looks for a way to find profit in everything- nothing like morals...

                Comment


                • #9
                  They can't hold your paycheck. Period.

                  The other issue is not my area of expertise. There is another forum on this site that deals with landlord/tenant and real estate law. Perhaps posting that part of your question there might get you more answers regarding that particular situation.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment

                  Working...
                  X