in arkansas, is it illegal for an employer to deduct money owed in full after termination?

UPDATED: Sep 30, 2022

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in arkansas, is it illegal for an employer to deduct money owed in full after termination?

I was recently terminated. I worked at
an auto shop and had ordered parts in
the past thru the shop. The parts i
ordered were on my tab so to speak, i
had agreed to pay 25 dollars a week out
of my check to pay for my parts tab.
But when i was terminated, my former
boss took all but just over 300 dollars
out of my last 2 checks. Is that legal
in arkansas?

Asked on April 12, 2017 under Employment Labor Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal: even when a employee does owe an employer money, as you evidently did, the employer may not deduct those funds from the employee's paycheck withot employee consent or agreement to do so. That said, there is no point in suing for the money (which would be the only way for you to get it): if you sued for the withheld pay, they would almost certainly countersue for the balance owed on the parts and would very likely win (since again, you owe the money, and can no longer pay it through paycheck deductions, since you are not working there any more). Therefore, since you and they would be suing each other for the same amount, your respective claims would net out against each other and you'd end up in the same place you are now, economically.

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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