Q&A

What happens when an employer takes money from your paycheck?

What happens when an employer takes money from your paycheck?

When an employer terminates an employee, the employer can deduct from the employee’s final paycheck the value of any of the employer’s property that the employee didn’t return. So what happens if an employer wrongly accuses you of theft? Well, the law covers that too.

Can a company withhold money from an employee’s check?

No. It is not legal for your employer to hold your check based on the information you provided. You might go them initially and request again, in good faith, but inform them if they refuse to pay you, it is your duty to report non-payment for hours worked to Labor & Industries.

When do you have to pay back money to an employer?

When you leave a job, your employer can only ask you to pay back money if it’s for something you’ve specifically agreed to in writing. Even if you do owe your employer money, they can only take it from your pay if there’s a written agreement to say they can.

Can you take interest from an employee’s paycheck?

If you have loaned money to an employee, or provided them with a payroll advance, you may take the repayment from their paycheck. You can also charge the employee interest on the loan, as long as it is a reasonable amount. Be sure the employee has provided written authorization for all of these deductions!

Can a company withhold money from an employee’s paycheck?

Employer loans are another exception to the general rule that deductions cannot reduce an employee’s wages below minimum wage. If an employee owes your company money—for a salary advance, for example—the company can withhold money form the employee’s paycheck to pay itself back, even if the employee’s earnings would fall below minimum wage.

Can a employer deduct money from an employee paycheck?

Employers can’t deduct money from employee pay without their consent. Some involuntary deductions may be limited.

If you have loaned money to an employee, or provided them with a payroll advance, you may take the repayment from their paycheck. You can also charge the employee interest on the loan, as long as it is a reasonable amount. Be sure the employee has provided written authorization for all of these deductions!

Can a employer require an employee to pay for something?

Employers are not allowed to require employees to pay for or reimburse the employer for any items considered primarily for the benefit or convenience of the employer. For example, if the employer wants employees to wear uniforms, that something that benefits the employer, not the employees.

Can a employer garnish an employee’s paycheck?

The law does not, however, interfere with an employer’s right to fire an employee because their earnings are separately garnished for two or more debts. Most employees also have the right not to have their tips garnished.

Can an employer deduct money from your paycheck?

Deductions can only be made from employee’s final paycheck, and cannot be “saved up” from previous pay periods. Employee’s written or oral consent required. Employee’s written consent required, OR if employer and employee’s representative (e.g. a union) agree the loss was caused negligently or intentionally, OR a court finds employee guilty/liable.

When is an employer allowed to take money out of your check?

“We’ve seen examples where a server in a restaurant breaks something or serves the wrong dish and a customer sends it back and the employer tries to deduct those amounts from the employee’s paycheck, and that’s not legal unless there’s written consent from the employee,” Chan said (again, laws vary, state by state).

When an employer terminates an employee, the employer can deduct from the employee’s final paycheck the value of any of the employer’s property that the employee didn’t return. So what happens if an employer wrongly accuses you of theft? Well, the law covers that too.

How much can an employer garnish your paycheck?

The law limits how much of your wages can be garnished, though. The limits depend on the reason for the garnishment, your earnings, and your state law. For non-mandatory deductions by your employer, the general rule is that your employer must leave you with at least the minimum wage.

Is it legal for my employer to withhold my paycheck?

The answer: deductions, or amounts your employer is either required or allowed to withhold from your paycheck. Certain deductions are required by the federal or state government or by a court order. Others are voluntary, at the option of either you or your employer. The law places limits on voluntary deductions.

Can a employer deduct expenses from an employee’s paycheck?

Under federal law, the general rule is that employers may deduct certain expenses from their employees’ paychecks, as long as the deductions don’t bring the employee’s earnings below the minimum wage.

What can an employer deduct from your paycheck?

Here’s the short answer: employers can deduct anything allowed by the law, anything allowed by an agreement with the employee, or anything needed to cover the value of things taken by the employee.

When can you withhold money from an employee’s check?

While you do not have to hand them a paycheck on their last day of work, you may not withhold their paycheck until they have returned company property. In fact, if you do fail to pay your terminated employee on time, they may sue you in civil court and be entitled to double damages.