Is it legal if my employer didn’t take out tax on my first paycheck so took a double amount on my second paycheck resulting in no check at all.

They didn’t give me a paystub my first pay. On 12/28 I should have gotten a check, I received a pay advance and they informed me today, 01/11, that they would deduct taxes twice for the first check and the second one at the same time. Everything went to taxes because they forgot to get it through payroll on time. Now I don’t get paid at all for the work I’ve done all week. Is that legal?

Asked on January 10, 2019 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal so long as you are not being overtaxed: that is, that the total taxes taken out is what should have been taken out between the two checks. In this case, if the total amount taken out is correct, you are not actually losing anything--you received the money faster in fact, all during the first week, but are not actually out anything--so you, having suffered no loss or damage, have no claim; and the law permits mistakes to be corrected so long as it does not damage the other party.

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