Is it illegal for my employer to deduct a hotel stay from my wages on a business trip, after a I worked that full day and it was only at the end of the day I handed in my resignation?

Asked on November 7, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the employer may not deduct anything from your wages, unless you agreed to let them do so (or unless it was required by law--e.g. FICA witholding). However, under the circumstances you describe, the employer might be able to sue you and recover that money, on the grounds that they would not have sent you on that trip or reimbursed your stay if they had known you would resign immediately after--in essence, that you committed a form of fraud by going on the trip as if you were intending to continue your employment. You could therefore try to sue the employer to recover the money they deducted, but if you do, be aware that they might choose to counterclaim against you and could possibly win, which would result in you, at the end of the day, recovering little or nothing.


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