Employer deducted money from final paycheck

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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).

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