can my employer deduct from my pay?

UPDATED: Sep 30, 2022

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can my employer deduct from my pay?

My husband recently decided to give 2 weeks notice because he found a better paying job. When he let his employer know that he would be leaving they told him to not go back, so he didn’t. Now, on his final pay, they have deducted $813.33 for damages done on the very first week of work. He did sign a contract when he first got hired but they are doing it out of revenge for him leaving them. Otherwise, why didn’t they start deducting as soon as the incident happened. Is this legal? Can they do this?

and if they can, is there only a percentage they can deduct? This is damage was

done to a loader machine, and it was only a bump on the fender, the machine is

100 working, and they didn’t lose revenue due to this damage.

Asked on March 10, 2016 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only things that they can deduct are those required by statute (like taxes and social security contributions).  After that, an employer can only deduct what an employee specifically authorizes them to deduct.  If you feel that your husband's employer improperly withheld part of his payment (which is sounds like they did).... then your husband needs to file a payday complaint with the workforce commission.  This is free and doesn't cost your husband anything... so it's worth the effort to file the complaint and obtain free legal assistance.

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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