Can my company withhold already earned money?

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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 11 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?


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