Can my employer hold more money out of my check because she got mad at me for my wife buying a vehicle?

My employer loaned me some money last year
because we had filed bankruptcy and she decided
to help me out. We agreed on paying 50 a week
out of each check until paid off. My wife
bought a vehicle with her tax money. My
employer got mad at me and told me that she is
holding out 100 a week out of each check. We
agreed on 200 a month not 400 a month now I’m
getting behind on bills because she is taking
extra money out of each check. If she allowed
to do that?

Asked on June 30, 2017 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she is not allowed to do that:
1) A loan agreement--even if it was an oral (unwritten one; often incorrectly called a "verbal" agreement)--is a contract; as with *any* contract, it cannot be modified or changed unilaterally, or by one of the parties on her own: it can only be changed by the consent of both parties. So she cannot decide to withhold more than you and she mutually agreed would be taken out.
2) Furthermore, money may not be taken out or withheld without employee consent (agreement), unless required by law (e.g. court-ordered or IRS wage garnishment). Therefore, she cannot take out more than the amount you had consented to.
Therefore, there *two* reasons she cannot do this. If she will not go back to the original agreement, try contacting your state department of labor; they may be able to help you. If they do not, you could sue her for the improperly taken out money.

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