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MI: unpaid for time worked

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  • MI: unpaid for time worked

    I've been trying to google labor laws for a couple hours now, and it seems almost impossible to find what you're looking for if you don't know where to look. So, I found this forum, and thought I'd try running the situation past you guys.

    At the place I work, occasionally they screw up on our checks, and the hours worked do not match hours paid on the check - whether because of a missed clock punch (incomplete hours data for a certain day), Payroll dept error, or whatever. Usually not a huge discrepancy when there is one. To counteract this, they have these "vouchers" that they give you. Not exactly sure how the voucher thing works, but if I remember correctly, after the actual hours worked are confirmed by in-store records, HR completes one of these vouchers for the total missing hours, and the information is sent to Payroll and appears on the next check (this may not be accurate as far as the vouchers go, but I'm pretty sure that this is one way they have handled it before).

    So here's the situation. A few people got shorted on the previous check, and naturally, they went to get their vouchers for lost time. My friend was shorted an *enormous* amount of money - we're talking somewhere in the ballpark of $500. When he tried to get a voucher, HR told him it was too much, and they couldn't write a voucher for that much. So, he called Corporate HR, and asked the same thing. They told him the same story, basically telling him that he's sh!t out of luck. He just told me about it today at work, not really giving a lot of detail, but more just fuming. I told him that I thought something was wrong with this, and that I'd research it for him. I will get a more complete and accurate story from him ASAP.

    Isn't this illegal not to pay an employee for working?? They *have* to pay him, don't they? It was the company's mistake, not his. Now they're telling him he's going to have to "get by" with just over $300, and that he can't get that $500 back. PLEASE tell me where to find a write-up for something like this, and if there are possibly any loopholes that would work against him (whether according to state law, or possible company rules). If I can confirm that this is in fact against the law, I've already got a contingency-based lawyer in mind that handled an employment case with my girlfriend that I can refer him to in order to work out the details. Thanks guys!

  • #2
    Poor management, poor customer service, bad for morale.

    Now, having said that, are they saying he isn't going to get paid at all; if so, why not? Or that he has to wait until the next paycheck? What state does he work in?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      not feeling too optimistic...

      Originally posted by Pattymd
      Poor management, poor customer service, bad for morale.
      Exactly. Managers at this place care for no one, except other managers, and employees that kill themselves to get the job done - but even those employees get a taste of the cold shoulder if their performance doesn't continue to climb (which obviously is unreasonable once it reaches a certain point).




      Originally posted by Pattymd
      Now, having said that, are they saying he isn't going to get paid at all; if so, why not? Or that he has to wait until the next paycheck? What state does he work in?
      Well, I got clarification today about the situation, its a bit different than I originally posted - however, he still has some suspicions and would like to know about the validity of their choice.

      Okay, so a "voucher" is basically something that states the exact amount of money missing as per hours worked, and this voucher can be taken to Guest Service to be exchanged for cash out of the register. This company does this as a complimentary service, since they are the ones that made the mistake. After the cash is delivered to the employee, the store contacts Payroll with the documentation to get reimbursed.

      They told him that he was missing too much, that they could not write a voucher for that large of a sum, and they could not give him a voucher. Instead, he is being forced to write punch corrections (a form you fill out if you accidentally forgot to punch in/out, if you needed to change a punch, etc) for the hours that he didn't get paid for. Although in some situations, this is the primary solution, the problem with doing it this way is that he has no choice but to wait until the next paycheck - which are spaced every 2 weeks. He'll get his money, but the problem he has is that there is no reason for them to make him wait 2 weeks on account of THEIR mistake - especially when he's got bills and responsibilities, and was counting on a certain amount of money.

      I get the feeling that according to Michigan law, as long as he is paid for hours worked, there is no foul, regardless of when that money is actually delivered. However, we're both hoping that's untrue. I also have a feeling I'll have to look into the company policies, to see what it says about these "vouchers". However, the company is somewhat uneasy about employees requesting information like this, and it may be difficult or impossible to get the information needed in a timely manner (the only thing I can figure is that they are afraid of being sued or what not, which makes one wonder what kind of crap they're hiding to give them reason to be so afraid...).

      Anyhow, that's a more accurate description of the situation. If you can help, or even point me in the correct direction, I'd appreciate it, and so would he. I'm interested in seeing fine print having to do with late paychecks, acceptable time gaps, what is required in the event of company errors.. anything like that, or anything that you think of from the situation above. Thank you very much.
      Last edited by zoomtictac; 11-23-2005, 11:12 AM.

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      • #4
        There is no law in your state which addresses the time frame in which mistakes must be corrected. However, something you said didn't sound logical. First, you say that the employee had to make corrections to his time card; then you say that the mistakes in pay were the fault of the employer. In any case, even if the employee were to file a claim for unpaid wages, realistically, the next pay day would come and go long before the state would ever get around to addressing the claim.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd
          There is no law in your state which addresses the time frame in which mistakes must be corrected. However, something you said didn't sound logical. First, you say that the employee had to make corrections to his time card; then you say that the mistakes in pay were the fault of the employer. In any case, even if the employee were to file a claim for unpaid wages, realistically, the next pay day would come and go long before the state would ever get around to addressing the claim.
          Yeah, that's what I figured. It's not that he'd be filing based on the fact that he didn't get paid, because he IS getting it on his next check (theoretically). His aggrevation lies in the fact that he doesn't think he should've had to wait, which would be more of a company issue - depending on what company policy is on those vouchers. Either way, like you said, by the time a claim got filed to the state or company or whatever, he'd have his money, and it would be useless.

          Sooo yeah. Well, thanks for the help anyhow - I appreciate the effort. Stupid bigshot corporations.

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          • #6
            And the other part of the problem is the little companies who don't know the laws, so their employees are forever filing claims for one reason or another and overburdening the system. Just my opinion, you understand, but based on some of the posts here and on other forums to which I contribute, it seems logical.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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