How do I recover money deducted from my wages by accident?

I had a wage garnishment totaling under $800 and my employer has now taken double that. I think they forgot to stop deducting the money. What are my rights and what are they’re responsibilities?

Asked on September 21, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

If your wages had too much deducted from them, then you have the right to reimbusement. An employee is entitled to pay for all time worked, less any legally required deductions (e.g. alimony, child support, etc.). At this point, if you feel that the deduction was all a mistake and your employer doesn't pay you what you are owed, you can sue them in small claims court or file a wage claim with your state's department of labor. If your employer takes action against you for excercising your legal rights, then this constitutes "retaliation" which is illegal and actionable as well. 


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