Can my company take more money out of my check then what I gave consent for

UPDATED: Oct 1, 2022

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Can my company take more money out of my check then what I gave consent for

My company said I got over paid by 2606.57 so I
gave consent for them to take that but now there
saying that I owed them 4600 and have taken 4100
without my consent

Asked on February 1, 2019 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they cannot take money out of your check without your consent: the law is very clear that employers may only take money out of employee paychecks with 1) consent or 2) a court order (such as for wage garnishment).
But while you could potentially sue for the money, it's likely not worth it IF you believe that they are right about how much you owe: if you sue for your pay, they can and likely will countersue for the overpayment (which you are legally required to repay) and so you'll end up in the same place economically. Only if you believe that you don't owe that amount would it be worth taking legal action.

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 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.

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