What to do if my husband’s employer has withheld/delayed paying wages, deducted 401K without depositing and is months behind on expenses?

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What to do if my husband’s employer has withheld/delayed paying wages, deducted 401K without depositing and is months behind on expenses?

She started paying him (when she pays) with a check without deduction records. She’ll pay money then later claim it was advance pay not back wages. She made a promise in writing to get everything square including records of deductions within 90 days, which is up today. She’s still way behind, 401K not fixed, no pay stub info. He hasn’t found a new job and is afraid lose insurance, therefore afraid to take legal action. We fear we must. We’d like advise on what to do. The employer is out of state. What kind of lawyer do we need and in which state? Which states laws cover these issues?

Asked on September 5, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The type of attorney needed is an attorney that practices in the area of labor law. If you husband has not been paid wages when due, then your employer has a problem. The same applies to 401 k deductions which are not deposited into the plan per set schedules under the 401 k enrollment of your husband.

The laws of the state where your husband works would control the dispute that you have written about. Besides consulting with a labor law attorney, your husband should also set up a meeting with a representative with your local department of labor to see what legal recourse he has. Perhaps the department of labor will do an internal investigation upon your husband's employer.

 


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