Can an employer withhold funds without your authorization?
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Can an employer withhold funds without your authorization?
What legal or smart action can I take next? I have been trying to get in contact with a person from the H.R department from a former employer. I want to see a document they claimed I signed, stating that they can deduct 120 from a employers check for a physical and TB test. They claim the documents states that If an employee doesn’t make it past 90 days that they can withdraw the funds from their check. I have notified them that I don’t remember signing the document. They stated that it was in the employee handbook, and I again notified them that I don’t remember. The receptionist took my information and stated that she emailed the HR Rep and claimed that she will be in contact with me. No one has called me. Ive also been trying to contact them for a week. Its either the person is not their or when they transfer me over, she never picks up. I feel like they are giving me the run around. All I want to do is see the actual document, and if the document does not exist I want my money. Please tell me what I can do. I am also expecting one more check from them on 06/02/2017 for 40. Thank you
Asked on May 28, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue them for the money. Since you are legally entitled to be paid the full amount you earned for all your work barring an agreement to the contrary or a court or other legal order (like an IRS order garnishing wages for taxes), to avoid paying you, they'd have to prove in court (i.e. provide and showing that it is authentic) the agreement they claimed you signed. Unfortunately, suing is the only way to get access to the document if they won't voluntarily provide it or to get your money. Suing in small claims court as your own attorney ("pro se") would be your best option.
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