Can a company Back charge me if no contract was signed
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Can a company Back charge me if no contract was signed
i am a sub contractor for a cable contracting company and they recently started
back charging the technicians for things wrong on a job. In a lot of cases this
charge back is more then we make on that job. i have never agreed to any contract
or verbal agreement to these charge backs.
Asked on November 11, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whether or not a company can charge workers for their mistakes depends on where you live; KY does not have a specific law on this. Further, unless otherwise stated under state law, etc., consent can be either written or oral, therefore implicit consent could be surmised by your continuing working for this company even after you were informed of it's chargeback policy. Therefore, unless you have a union agreement or employment contract to the contrary, chargebacks are perfectly permisible under the law. That having been said, the only federal rule is that employees may not be required to pay for any of the cost of such mistakes if, by so doing, their wages would be reduced below the required minimum wage or overtime compensation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A contract can be oral, or unwritten. And agreement to the contract can be shown by actions or behavior, as well as by explicitly or formally agreeing to the contract. So if they make you aware of chargebacks and you continue to work for them (e.g. don't quit) after you are told that chargebacks have become a term or condition of the job, you can be considered to have agreed to those terms through your continued employment, and could be held to them. So based on what you write, it may well be possible for your employer to enforce the chargebacks.
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