If we have to pay $100 for a background check for each employee that we hire, can we deduct the $100 from their check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have to pay $100 for a background check for each employee that we hire, can we deduct the $100 from their check?
Recentlr 2 of our newty hired employees quit after just a couple of days.
Asked on May 2, 2012 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you received agreement or consent from the employees in advance (e.g. before the check was conducted), it should be legal. For example, you'd want employment candiates to sign something which clearly stated something to the effect of , "in the event you are hired, but then voluntarily leave employment (quit or resign) within six months of your hire date, you will repay the company the $100 cost of the background check conducted during the hiring process. You further agree that if you do not make other arrangements to pay this amount, the company may withhold it from your final paycheck." There must be explicit consent in advance--you cannot withhold money from employee checks without employee consent.
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 AttorneyPages.com 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.