If I’m missing receipts from a company credit card for taking my clients out, canmy employertake that money out of my last check?

UPDATED: Aug 11, 2011

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If I’m missing receipts from a company credit card for taking my clients out, canmy employertake that money out of my last check?

I worked for a residential care program and I was just let go. My mother just called because my HR manager called and told her that they were going to take the money out of my last check. He never even came to me to tell me what they were planning on doing with the missing receipts.

Asked on August 11, 2011 Ohio


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

Answered 11 years ago | Contributor

The general rule is that payroll deductions in such a case are not legal. under the law, an employer cannot unilaterally take the money out of an employee's paycheck for such expenses. That is unless there was existing company policy to the contrary or a union/employment contract that allowed for this. You didn'tindicate. Also, if some form of actionable discrimination was a factor in your former employer's action. Again, this was not indicated.

You need to check on all of this. If you think that this money is being wrongfully deducted and withheld you should file a complaint with your state's department of labor.

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 AttorneyPages.com 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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