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Fired, then firing denied, accussed of quitting

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britnyank

Junior Member
What is the name of your state? Wisconsin

Hello. My friend works for a temp agency and was fired yesterday. Today she was told she will not be given her final paycheck because she walked off the job. The woman from the temp agency who fired her apparently was having a bad day yesterday and had no right to fire her in the first place.

My friend had been ill, went to a dr. and was told not to go to work, was given the note etc. The girl from the temp. agency was rude about it, and when asked why she was being rude fired her. She told her she was not to contact the company she had been working for. She had planned to discuss it with the woman's boss today, when she was informed she will not be paid for her last week of work. I happen to work at the company, her supervisor told me she was shocked when she was told what was happening, and that she had been a very good worker.

What can she do about it now? Like most of us, she needs a job, and this is a good one.

Thank you
 


pattytx

Senior Member
Your friend must be paid for all hours she worked. But that's all. In Wisconsin, that is at least monthly, but on the regularly scheduled payday if the company's paydays are less frequently than monthly. There is no requirement in Wisconsin for accelerated payment of final wages for terminated employees. If the company does not make your friend's paycheck available to her by the payday on which she would have otherwise been paid, she can file a claim for unpaid wages with the WI Dept. of Labor.

Regarding the termination, whether or not the termination was fair or not, it does not appear to be illegal, at least based on what you posted.
 

Beth3

Senior Member
In Wisconsin, final pay is due no later than the employee's next regularly scheduled pay day. If that doesn't happen, your friend can contact the Department of Workforce Development and file a complaint.

As to her termination, nothing illegal has happened. Your friend may contact someone higher up in the temp agency and see if they are willing to overrule the decision but that is the extent of her recourse. If they don't hire her back she should apply for unemployment benefits.
 

britnyank

Junior Member
An update - My friend was told she would not get her check on payday (yesterday) because she didn't turn in her time-card last week - I was standing there when she turned it in. Then they told her she could pick up her check today if she turned in another time-card yesterday, which she did - I was with her, picking up my check, when they told her that. She went to get it today, they denied having told her she could have it today, and didn't have it for her. I know she can, and will file a complaint, but there has to be more recourse for her after all she's been through?
 

pattytx

Senior Member
So when did they tell her it would be available? It it's just a day or two, it's probably not worth filing a complaint (although I realize that it's the "principle of the thing").These things take a while to wend their way through the state DOL and being realistic is sometimes just as good as being right. However, if it gets to that point, she files the complaint, and the employer is then ordered to pay and they don't, she may be able to do something civilly, but she needs to go through the process that the state DOL provides first.
 

britnyank

Junior Member
Thank you all for your help. What it comes down to then is that employees are at the mercy of their employers, they can do whatever they want to us (as long as it's not discrimination or sexual harrassment) and we have no protection, no job security. Is that why people become Amish? lol
 

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