What to do if my employer just realized that it has not been taxing me correctly for my company gas card, so without any warning it deducted the entire amount from my last paycheck?

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What to do if my employer just realized that it has not been taxing me correctly for my company gas card, so without any warning it deducted the entire amount from my last paycheck?

I have had the card for 4 months. I only noticed it once I recieved my payslip. Surely this is not legal? I am livid as I am unexpectedly short of money and now my bills will not be able to be covered. What are my next steps?

Asked on November 22, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, an employer may not withhold or deduct money from an employee's paycheck, even if the employee does in fact owe it money, without the employee's consent. (Other than, that is, withholding or deductions required by law, such as FICA withholding or court-ordered wage garnishment). Therefore, what your company did is illegal.

Practically, since you would have to sue your company to recover the money--and they would still have the right to sue you in turn to get it back, assuming that you do legitimately owe this amount--it is unclear whether taking legal action against your employer is worthwhile.


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