Can a company change your payday from Friday to Tuesday with out notice?

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Can a company change your payday from Friday to Tuesday with out notice?

My wife was injured at work on a Monday. She was expecting to get paid on Friday for the previous week and for Mondays hours. She told us to go by her house Friday night at 6 pm (small business). Now her boss is telling her that she is paying her on Tuesday for no other reason than to spite her. Since we know other employees got their checks today. What can she do? Is this illegal?

Asked on October 22, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, it may not be illegal,that is the problem.  It is really just spiteful.  She is not withholding funds really she is just dispersing them at a different time.  Treating you differently that the other employees may, though, be an issue to explore if it continues.  I get the feeling that you may think that her treatment of you may be linked in some way to your being hurt on the job.  Did you file for workers comp or disability?  Is she insured? I think that it may be a good idea for you to explore all your options with an employment attorney in your area.  You can also call the State Department of Labor and discuss your concerns with them.  Good luck.


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