Can my company withhold already earned money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my company withhold already earned money?

I am a truck driver for a large company. It just started taking 8 cents from my paycheck a week then it gives it back at the end of the week if the driver has no accidents. However the work has already been done. I don’t feel they should be able to take the money for work that has already been preformed. Is this legal?

Asked on September 27, 2010 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are ways to do this legally. First, it would have to be in the terms or conditions of your employment--preferably in an employment agreement or contract. Second, it should be structured as if your base salary, wages, etc. is X, then if you do not have any accidents, you get a certain bonus (a safety or performance bonus). Third, it can't be retroactive, but must be only forward looking from when they put it into place.

So, in answer to your question: it is possible to do this legally. It is also possible that it is not structured properly at present. Given that it could be structured legally, the question for you is it worthwhile trying to fight it or push back against 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 lock Secured with SHA-256 Encryption