Can my boss make deductions from my paycheck without my consent?

UPDATED: Jun 29, 2015

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Can my boss make deductions from my paycheck without my consent?

I work at a small town convenient store where we cash payroll checks for a fee. I cashed 3 checks that came out to be stolen. Now my boss is taking money out of my check until he gets his money back. I have not signed anything saying it is OK for him to do this. Can he legally do this?

Asked on June 29, 2015 under Employment Labor Law, South Carolina


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

Answered 7 years ago | Contributor

Most states require employers to get an employee's written consent before they can make such a deduction from the employee's paycheck. A few states allow such deductions but only if the employer can show that the employee acted dishonestly or negligently. Otherwise, in order to take money from a paycheck, an employee would have to agree to it. So in order for an employer to legally get its money, it would have to enter into repayment arrangements with the employee or sue them in court.

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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