Skip to main content
David Carlton Zoeller

David Zoeller’s Answers

5 total

  • Unpaid wages

    The company I recently worked for has closed. The employer owes myself and atleast 7 other employees unpaid wages for 3+ weeks. We don't have any of our time sheets as we had turned them in. Some of the employees have gotten paid and some have not...

    David’s Answer

    You have two options at this point. You could file a wage claim with the Department of Workforce Development (DWD) or you could file a private action. There are advantages and disadvantages to both. If you file with DWD, you will not need an attorney. However, DWD does not have the power to enforce a judgement against your former employer. In other words, they may tell the employer it has to pay but you still may have to go to court to get your money.

    If you choose to file the case in court, you can obtain a judgment which you can attempt to collect. Chapter 109 of the Wisconsin status allows you to recover the cost of your attorney's fees as well as 50% penalty wages if you prevail in the action. Additionally, you may be able to file a lien to assure that wages are available once a judgement is secured. Please feel free to contact Hawks Quindel if you have further inquiry.

    See question 
  • Sub contractor/self employement rights, contract contridictions, charge back fees from company....

    My husband works indirectly for a satellite company. He is a subcontractor there is alot of what i call fishy things going on within the company that he works for. First of all with in his contract it states all work must be done within the " cust...

    David’s Answer

    • Selected as best answer

    Employees in the Satellite installation field are commonly misclassified as independent contractors and are unlawfully subject to pay deductions, and suffered and permitted to work overtime hours without overtime compensation. If your husband feels that he has been misclassified as an independent contractor, I recommend that he contact an attorney about this. Hawks Quindel has handled multiple class action suits involving the miscassification of satellite installers.

    See question 
  • Can i sue my employeer if they dont pay me my vacation pay?

    i have been with this company for 2 years and i have vacation pay coming and my employeer doesnt want to pay me for my vacation pay its in our hand book if you put so many hours in that you wil get a weeks vacation which i have my hours in what ca...

    David’s Answer

    Whether or not your employer is required to make payment for the unused vacation time will depend on what is said in the handbook. Some policies are "use it or lose it" and do not require an annual pay out, others offer a cash incentive for not using the vacation days. If it is clear that a pay out should be made and your employer refuses to pay, you can recover the pay through the Department of Workforce Development (DWD) or by filing a lawsuit in state court.

    See question 
  • Increases of wages

    is there any laws for company's to keep from giving raises for 5 years. The excuse is due to the economy

    David’s Answer

    There is no Wisconsin law requirement to increase your wages. Of course, you must be paid at least the minimum wage for all hours you work and most employees must also be paid time and a half for the hours they work over 40 a week.

    If you feel that others around you have received raises but you have not because of your race, religion, or gender, you may have an actionable claim. Otherwise, if the company simply is not giving raises because they cannot afford to do so, they likely cannot be forced to.

    See question 
  • Owed 10k in employee wages by licensed contractor. what recourse?

    how do i recoop wages. and stop his bisiness from contracting as is.

    David’s Answer

    Your recourse will depend on whether you were working for the individual as an employee or as an independent contractor. If you were an employee for purposes of Nevada law, there is likely a state law cause of action to recover unpaid wages. You should consult an attorney licensed in Nevada about this. Additionally, you have a right to be paid at least the federal minimum wage for all of the hours that you worked pursuant to the Fair Labor Standards Act.

    However, if you were an independent contractor, your remedies may be limited to a claim for breach of contract or other common law remedies. Again, you will need to consult an attorney licensed in Nevada to discuss.

    See question