Can my employer take back a cash gift from my check?

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Can my employer take back a cash gift from my check?

I was given a 200 cash ‘gift’ on Dec.23rd. I found another job and did
not return to work on Dec. 27th. I received my last check on Dec.30th
and found a 200 deduction. He can’t legally take back a cash gift from
my paycheck?

Asked on January 3, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he cannot do this:
1) A gift, once given, cannot be ungiven--it belongs to the recipient and the giver has no right to it.
2) An employer may not deduct any money from an employee's paycheck for any reason, unless a) the employee consented, or agreed, to it; or b) it is required by law, like court ordered wage garnishment.
You could sue your employer for the money (such as in small claims court) to recover it.


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