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Can an employer indiscriminately garnish the wages of an employee without having
a legal notice to do so? If I was accused of damaging the property of a coworker
and denied the accusation, and it basically came down to my word against the co-
workers word, could my employer decide to reimburse the co worker and deduct the
amount of reimbursement from my salary without my consent? I don’t believe that
this can be done. I work for a nonprofit in NEW WORK – this is not happening to
me but to someone else. There is nothing is the employee’s policies and
procedures I can find that supports this action. Any advice would be appreciated

Asked on June 13, 2016 under Employment Labor Law, New York


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

Answered 6 years ago | Contributor

In NY, generally paycheck deductions can only be made if they are government authorized (e.g. withholding for taxes, child support, legal garnishments, etc.) or are expressly and voluntarily authorized in writing by the employee. Otherwise, an employer can sue in court for any amount alleged that it is owed. For further inforastion, you can check your state's department of labor's website; if you feel that you have a claim you can file a complaint.

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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