Is it legal if our employer told us that we were not going to get paid on the scheduled pay date a day before the pay period date?

Plus, they did not give us a definite answer when we would be paid. Now, I received a call from a board member last night that I am to not show up for work this week. I am paid on an hourly basis. Does this mean I won’t get paid? Can I file for unemployment? I haven’t been told I was let go but I live pay check to pay check and am getting nervous on not being paid.

Asked on November 23, 2015 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To not pay you within a certain time is a violation of state law in every state. You need to immediately contact the state labor board and the Fair Labor Relations Board to file a complaint and see if you can receive emergency payment. As to the not showing up to work, if you are not contracted, you would be considered an at-will employee and the company could simply fire you without cause and without notice. Sounds like they don't want to be caught up in the unemployment part of the law, either, so you may wish to immediately see if you should file for unemployment.


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