Unauthorized witholdings from final paycheck

I resigned from my job on my own terms
one week ago. My direct deposit final
paycheck never posted. I contacted my
former employer, who then stated that
everyone was being deducted an amount
for lost property. I never knew or heard of
this lost property until today. I need to
find out if it is legal for them to make a
deduction for an item that I never lost or
stole.

Asked on December 22, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 3 years ago | Contributor

In FL there are no laws on what deductions that can be taken from an employee's paycheck or whether or not an employee must provide written consent prior to any deduction. Accordingly, a company can withhold or deduct wages from a worker's pay check for:cash shortages; breakage/damage/loss of the employer’s property; dishonored or returned checks; required uniforms; required tools; other items necessary for employment. That having been said, pursuant to federal law, an employer may not make deductions for any of the above items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made. If you cannot get your final paycheck, you should file a wage claim with yout states dpeartment of labor or yuo can sue your employer in small claims court.


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