Can my employer garnish my check for equipment that was stolen off another employees truck while he was on a job site?

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Can my employer garnish my check for equipment that was stolen off another employees truck while he was on a job site?

Asked on November 3, 2012 under Employment Labor Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Texas has a "Payday Law" which prohibits an employer from making deductions from your paycheck, except under certain circumstances.  These are limited to consent by the employee, taxes and related withholdings, and court orders (like child support).  Texas doesn't have a local department of labor, but there is a similar type of agency called the Texas Workforce Commission.  This agency is responsible for enforcing payday laws.  They may or may not have a local branch in your city-- it may be elsewhere in your county.  However, they do have information online that you can use to contact them over the phone or to file an electronic claim.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country one's employer cannot unilaterally debit a charge against an employee's pay check that the employer believes that the employee owes on unless the employee gives written permission to do so. What you have written about is an illegal labor practice where you should consult with a labor law attorney and/or a representative with the local department of labor.


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