Canan employer holdan employee liable for a mistake or incorrect repair by withholding money from their paycheck?

UPDATED: Oct 16, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Canan employer holdan employee liable for a mistake or incorrect repair by withholding money from their paycheck?

I have always thought that an employee (mechanic) of an auto repair business would be a representative of that business and a problem with a comeback or repair that would cause the employer any compensation back to the customer should be covered by the employer.

Asked on October 16, 2010 under Employment Labor Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If there is an union/employment contract or stated employment policy indicating that the employer can charge back errors of this kind made by an employee, then the employer may legally make a monetary claim against an employee. However, even if it can require repayment for this type of loss, an employer may not legally be able to simply deduct from the employee's paycheck; payroll deductions are subject to a number of limitations, and the employee might need to make repayment by writing a check, etc. to their employer (as opposed to automatic paycheck withholding).

Note:  Without a previous agreement requiring repayment, an employer may not force the employee to repay money for a loss.  However, in an "at will" employment situation (and most employment relationships are), an employer can fire an employee for not making repayment. In fact an at-will emplyer can fire an employee for any reason or no reason at all.

Bottom line, you just may want to work out a repayment arrangement to keep the peace - and your job.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption