Is it legal for an employer to deduct money from my paycheck because of a no call/no show?
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Is it legal for an employer to deduct money from my paycheck because of a no call/no show?
Due to unforseen events, I had to quit my job. I did a no call no show. I just picked up my check today to find on the check stub that they had taken out $90 from my check because of a no show.
Asked on May 15, 2018 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They do not have to pay you for the day you were no call/no show--even if you are salaried (not hourly), since even a salaried employee does not have to be paid for an entire day they missed (unless they used PTO for the absence). So if you lost an amount of money equal to one day's pay, this is likely legal and proper--it's simply not being paid for the day you were not there.
If they took out more than amount equal to the day you did not call/show, that would be illegal: employers may not take money out of employee paychecks except by court order (e.g. court-ordered wage garnishment) or with employee consent/agreement. If they took out more than they could (i.e. more than just not paying you for the day you were out) you could sue them, such as in small claims court as your own attorney ("pro se") for the money.
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