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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > Unpaid Wages

Employment Law - Unpaid Wages

Expert: Shirley McAllister, CPP, PHR - 10/28/2009

Question
In September 2009 I was working for a temp agency. I was offered a salary. I workded for their client one whole week. I had an emergency call. I informed the client that I was leaving for a about an hour or so. That I had a family emergency. I did not call my temp agent until 3 hours later to inform them of the emergency. They told me not to worry, but to call them and let them know what my plans were. I callee my agent again and told her that I was going to be away for at least three days and to inform their client, the agent said it was OK. When I received my paycheck, was not for the money I was promissed, instead for minimum wage. I received a copy of the contract where I signed that says that if I abandoned my employment, I would be terminated. I did not abandoned my assignment. I called and let them know what was going on, and they said it was OK. Now they don't want to pay me what they promissed.

Optional Information:
State/Country relating to question: Texas

Already Tried:
I spoke with my agent and told her that I was going to be able to go back to work the following week and apologize for the delay. Instead, she never called me back. I asked her why was my salary lowered to minimum wage. She (agent) that is was on my contract. I read my contract many times, and says that "if I abandoned my job, I will be terminated with no notice." I did call that day and told my agent my emergency. Can I get them to pay me what they owe me?

Answer
Yes you probably can get them to pay the amount they promised if you have a signed contract stating they will pay you the specified amount. If you do not have it in writing than probably not. Make sure you always get it in writing.

The labor laws only say that you must be paid minimum wage. If you have a copy of the contract you may be able to argue the point, if you take them to court and sue for breach of contract, however, it will probably cost more in lawyer fees than the lost wages.

Shirley

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