Deduction of Pay

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Deduction of Pay

An amount of money was recently stolen
from my place of work. My employer
wants to deduct the amount taken from
my paycheck even though the theft was
not directly my fault. Can he legally
do this?

Asked on August 11, 2016 under Employment Labor Law, West Virginia

Answers:

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

Answered 4 years ago | Contributor

My research suggests that in W. Va., without an employee's consent, an employer may not deduct from a worker’s wages for any of they following: shortages, damages, uniforms, rent, tools or any other necessary item.
Further, a company cannot withhold or deduct wages from an employee’s paycheck, unless it is:

required to do so by law (e.g. taxes, child support, etc.),
authorized for union/club dues, pension plans/payroll savings plans, credit unions, charities and medical insurance; or
agreed to by the employee.


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