Can an company withhold wages to pay for equipment thatit claims has been broken?

UPDATED: Aug 2, 2011

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Can an company withhold wages to pay for equipment thatit claims has been broken?

 It has have no proof that it was due to willful mishandling.

Asked on August 2, 2011 Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Wilful or not, an employer can charge an employee for the cost of damaged equipmemt. In an at will employment scenario, an employer can impose the conditions of work as it sees fit; this includes passing the costs of damage on through to the reponsible employee. For their part, an employee can choose to continue to work for the employer or not.

Unless there exits an employment contract or union agreement to the contrary or if this action violates company policy or is the result of some form of actionable discrimination. Otherwise, you must pay of you want o stay.

Note: While you cas be charged for this, absent consent, your employer may not automatically make deductiond for thi from your paycheck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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