Can an employer withhold money from a paycheck?
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Can an employer withhold money from a paycheck?
My former employer withheld money from two seperate checks – the second being my final paycheck. He claimed the $930 he withheld was because I did not submitt the proper paperwork in time and he did not get paid by the vender. On the final paycheck he withheld $500 claiming that was the cost to have the truck cleaned. On both occasions, taxes were paid on the gross amount prior to the deduction from my gross pay.
Asked on October 24, 2012 under Employment Labor Law, South Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, your employer may not do this. Employers may only withhold money from paychecks 1) with employee consent or permission (such as withholding for health care premiums) or 2) as required by law (e.g. FICA; court ordered wage garnishment).
If your employer feels you cost it money, such as through negligence (unreasonable carelessness) in how your performed your duties, it has the option of suing you to recover the money; but it can't simply withhold it.
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