Is a company legally or lawfuly allowed to take up to 90% of my check?

UPDATED: Sep 30, 2022

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Is a company legally or lawfuly allowed to take up to 90% of my check?

I was off on medical leave for a surgery I had to have and was off work for 4 months. When I was cleared for work, I was required to turn in a paper stating that I was allowed to work, otherwise I would not be able to. I get paid bi-weekly and when I received what check I had left, I called the person in charge. They said it was because my company kept me covered under insurance policy. I understand it is right for myself to pay back monies owed but I had no form of notification at all about any of this. There was no phone calls nor were there any letters mailed to me. I came in couple of times before I was cleared to talk to supervisors, etc. just to keep them up to date on progress, so there was plenty of times I could have been informed. Now because of this, I cannot supply for my children and am at high risk of loosing my home since I have fallen behind due to my medical leave.

Asked on December 24, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may not do this. This is not to say that they may not be entitled to reimbursement for the coverage provided, but an employer can *not* take money from an employee's check without employee consent or agreement or as ordered by law (e.g. if there was court ordered wage garnishment). Try contacting the state department of labor--they may be able to help you. If they can't, you could sue your employer for the money, but in such a lawsuit, they could interpose as a counterclaim or offset any amounts you do owe them--that's why getting help from the department of labor is a better option.

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