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Katherine Marie Gaumond

Katherine Gaumond’s Answers

2 total

  • Can I file a complaint against my Employer based on an unwarranted demotion?

    I was informed that my job as a Buyer is being eliminated. I was offered a entry level position same pay or severance. There are 7 buyers and this action was taken against two. Myself a 46 year old black woman and 65 year old white woman. The othe...

    Katherine’s Answer

    Wisconsin is an at-will employment state so unless you are covered by an employment contract or union agreement, an employer can demote someone for any reason or no reason at all unless it is an illegal reason. It is the employee's burden to prove the illegal reason. In this case, perhaps the employee could demonstrate that it was due to gender, age or race. It is illegal for an employer to retaliate against an employee for asserting a gender, age or race discrimination claim, but the employee must ensure that the complaint is protected by law by using the right words and telling the right people of her complaint.

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  • Is it legal for an employer to deduct money from hourly wages in order to make up for stolen money?

    Recently, there was over $2000 that went missing at my place of employment and the owner, of course, blamed it on us managers. In retaliation, he took from our hourly wages $.25 to make up the money that was stolen, even though he had not proven t...

    Katherine’s Answer

    • Selected as best answer

    Wisconsin Statute generally prohibits deductions from paychecks due to theft. The statute reads:
    103.455  Deductions for faulty workmanship, loss, theft or damage. No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee's negligence, carelessness, or willful and intentional conduct, or unless the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, carelessness, or willful and intentional conduct. If any deduction is made or credit taken by any employer that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by the employee. Any agreement entered into between an employer and employee that is contrary to this section shall be void. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section.

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