Is it legal for an employer to remove money from an employee’s final paycheck?

UPDATED: Sep 30, 2022

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Is it legal for an employer to remove money from an employee’s final paycheck?

I was terminated after injuring myself. The manager removed money from my final pay and provided me with a paycheck stub that does not meet the requirements stated by the labor board. The manager has continued to harass me financially and I was even threatened by their attorney stating that if I pursued the matter I would be sued by them

Asked on July 12, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they may NOT remove money from an employee's paycheck (whether their final check or any other check) except or unless: 1) the employee consents or agrees to it; or 2) it is required by law, such as court-ordered wage garnishment. Since they have no basis for removing or taking the money, they have no basis--at least based on what you have written--to sue you. You are entitled to that money: speak to the department of labor to discuss the matter and see if you can file a complaint. The dept. may be able to help you; if not, you could sue your former employer for your money, such as in small claims 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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