QUESTION
Is it a fraud not to pay an employee?
Asked on Mar 15th, 2012 on Labor and Employment - Missouri
8 ANSWERS
Kevin Elliott Parks
Not paying an employee isn't fraud, but it's also not legal, either.
Answered on Mar 20th, 2012 at 1:20 PM
To not pay an employee for work performed for which the employee is due earned income is a violation of the employee's right to the earned income. Contact the Wisconsin Equal Rights Division, Wage & Hour Section, to file a wage claim (Labor Standards Complaint).
Answered on Mar 20th, 2012 at 11:31 AM
Probably not, but it violates the Fair Labor Standards Act. Contact a lawyer.
Answered on Mar 20th, 2012 at 9:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Normally, not paying an employee is not fraud, but rather contractual or Wage and Hours law violation depending on the facts of the case.
Answered on Mar 20th, 2012 at 7:54 AM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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It isn't fraud. But it is actionable in court. You can also complain to the Department of Labor, Wage & Hour Division, which has offices in most major cities.
Answered on Mar 19th, 2012 at 1:34 PM
Insurance Defense Attorney serving Kalamazoo, MI
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Lewis, Reed & Allen, P.C.
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The law requires that employees be paid. Failure to pay agreed-upon wages or failure to pay overtime would be a violation of the wage and hour laws of the state of Michigan. These cases are handled administrative by a state agency. Wage and hour disputes are generally handled administratively and do not require attorneys.
Answered on Mar 19th, 2012 at 1:03 PM
2 Awards
It is a violation of NYS Law to withhold earned wages from an employee. I suggest you immediately contact the NYS Dept of Labor and file a complaint if you were not paid for worked you performed
Answered on Mar 19th, 2012 at 12:45 PM
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It's not fraud. It would be actionable in a civil case or perhaps if a complaint was filed with the State.
Answered on Mar 19th, 2012 at 12:44 PM