QUESTION
I owe an employer money and we have no written agreement stating when and how much I would repay can he keep my paycheck?
Asked on Mar 05th, 2013 on Labor and Employment - Texas
More details to this question:
My ex-employer kept my last paycheck of $1700 BC I owed him money for parts.
5 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Your employer does not have a right to keep your last paycheck on the theory that you owe him money. The proper procedure is for your employer to pay you your wages, and then you pay your employer back. If you do not pay your employer back, your employer can pursue a claim against you in court for the amount you owe. I assume you are in California. If so, your remedy is either before the California Labor Commission or in small claims court. You also may be entitled to penalties for late payment of final wages, pursuant to Labor Code Section 203.
Answered on Mar 06th, 2013 at 11:46 AM
I do not know of any reason the employer may not deduct the sums you owe him.If this is illegal, I am unaware of any law.
Answered on Mar 06th, 2013 at 11:46 AM
Employment Law Attorney serving Elk Grove, CA
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Law Offices of Linh T. Nguyen
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In California, it is illegal for your employer to withhold any money from your paycheck except in some rare circumstances. His failure to give you your last paycheck exposes him to additional penalties and interest on top of paying the $1700 he owes you. One example is waiting time penalties which provide that he owes you a full days wages for every day that he was late paying you the $1700 for up to 30 days. You should consult with a wage and hour attorney who can help you pursue your claim. You may also file a claim with the Labor Commissioner, but you may not be able to recover all the penalties you may be owed.
Answered on Mar 06th, 2013 at 11:45 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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The employer may not unilaterally deduct or withold your wages/commission to pay a debt which you owe him. The employer must either obtain your permission (ie mutual agreement) to deduct it out of your pay cheque, or the employer may take the matter to court and obtain a valid judgment before he can deduct it from you. If the employer unilaterally deducts the debt, it is running the risk of being sued for an hour/wage claim along with all sorts of penalties, interest etc. However, if you sue the employer for the wrongful deduction, the employer can assert in court its right of offset against your claim.
Answered on Mar 06th, 2013 at 11:45 AM
Bruce A. Coane
Generally, no, he cannot keep your pay check.
Answered on Mar 06th, 2013 at 11:44 AM