Can my employer deduct the full amount of money

UPDATED: Oct 1, 2022

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Can my employer deduct the full amount of money

Can my employer deduct the full amount of
money that I owe them when we had an
agreement to pay them by weekly with them
deducting from my check.

Asked on March 22, 2018 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot do this: such a payment plan or similar agreement is legal, binding, and enforceable. You could in theory sue the employer to enforce the terms of the money: that is, force them to return the excess or extra they took out, over and above what they should have taken out, after which they will go back to the bi-weekly deductions. Of course, since you still have to pay the same total amount, it is unclear whether the time, cost, and effort of a lawsuit, even a small claims case, is worth it when the matter is they just took the money out earlier than they should have.

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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