Employer deducted money from final paycheck

Get Legal Help Today

 Secured with SHA-256 Encryption

Employer deducted money from final paycheck

My husband was a car hauler – he was under DOT regulations, was paid a percentage of the loads he hauled. His last paycheck with his former employer – they deducted 2150.00 for damage claims on cars and yet, they have not even received the claims. They state the ‘manufacturer has 2 years to file a claim’. Is he responsible for paying their estimated amounts for the damages when they have not even received claims for them or even if they do after he is no longer employed with them? All over of the potential’ claims are 6 months old or more – and not one claim filed yet. His check started out a little over 3000 and after taxes and their ‘damage’ deductions – he only received 77.00

Asked on October 10, 2017 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they may not deduct the money, even if (for the sake of argument), your husband caused the damage and owed them the money. The law is very clear that an employer may only deduct from an employee check with employee consent (i.e. if the employee agrees to it) or if there is a court or IRS ordered wage garnishment. Otherwise even if your husband did owe them money, their legal recourse is to sue him for the money. Your husband could instead sue them (e.g. in small claims court, as his own attorney or "pro se") for the money they owe him (the amount they deducted).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption