Can my employer take money from my paycheck for a mistake?

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Can my employer take money from my paycheck for a mistake?

I worked at a mailing facility and made an error when shipping something out. The package got to its destination a day late. The gentleman requested his money back and my employers told me they were going to take it out of my pay check. I told them I did not think this was fair and that I did not consent to it. Nothing was taken out until I left the job, after putting in my 2 weeks. In my last 2paychecks they deducted the money. They sent me my last 2 pay stubs through the mail, showing this deduction. Is this legal? If not, what can I do about it?

Asked on September 24, 2011 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A deduction of this nature cannot be made unless it is a part of existing company policy or you consented to it in some way; for example it is allowed by virtue of an employment contract or union agreement. If not, then this deduction was illegal. You can file a claim with your state's department of labor.

Bottom line, while generally, an employer has a great deal of discretion in setting the terms and conditions of employment, such is not the case here. The law is very clear has to what can and cannot be taken from an employee's paycheck; especially their final paycheck.


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