Is it legal for my boss to keep my whole pay check for paying a bond that o was paying him out of my check from

UPDATED: Aug 3, 2019

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Is it legal for my boss to keep my whole pay check for paying a bond that o was paying him out of my check from

I had a 850 bail boss bailed me out I
quit the job owing some on it can he
just keep my whole check live in W.v

Asked on August 3, 2019 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he can't.
First, unless you had agreed to repay him before he bailed you out, you have no legal obligation to repay (you may have a moral obligation, but that's between you and your conscience): without an agreement in place, his bailing you out was voluntary on his part, and when we voluntarily do something for another person, we can't obligate them to repay us.
Second, even if there was an agreement to repay and so you did owe your boss money, the law is very clear that an employer cannot withhold employee pay without employee consent: you'd have to agree to let him do this.
You could sue him (such as in small claims court, as your own attorney or "pro se") for the money. He could countersue or counterclaim or otherwise interpose as an "offset" any amounts you owe him--that is, if you had an agreement to repay, he has a valid claim for whatever part or amount you failed to pay. The court would then balance what he owes you vs. what you owe him and award the appropriate amount to one of you. (E.g. if he owes you $850 and you still owe him $500, netting those amounts out against each other, you'd get $350.)

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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