Can an employer withhold money from a paycheck?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer withhold money from a paycheck?

My former employer withheld money from two seperate checks – the second being my final paycheck. He claimed the $930 he withheld was because I did not submitt the proper paperwork in time and he did not get paid by the vender. On the final paycheck he withheld $500 claiming that was the cost to have the truck cleaned. On both occasions, taxes were paid on the gross amount prior to the deduction from my gross pay.

Asked on October 24, 2012 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your employer may not do this. Employers may only withhold money from paychecks 1) with employee consent or permission (such as withholding for health care premiums) or 2) as required by law (e.g. FICA; court ordered wage garnishment).

If your employer feels you cost it money, such as through negligence (unreasonable carelessness) in how your performed your duties, it has the option of suing you to recover the money; but it can't simply withhold it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption