I was given a company phone. I returned it when I was fired and it was broken, can he deduct the cost out of my final paycheck without my consent?

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I was given a company phone. I returned it when I was fired and it was broken, can he deduct the cost out of my final paycheck without my consent?

I did not give any consent to take money
out of my check. Is it legal gor him to do
so?

Asked on January 16, 2017 under Employment Labor Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Under federal law, the general rule regarding paycheck deductions is that as long as the employee still earns at least the minimum wage after such deductions are made, there's no rule against charging for losses and damage. However, some states require employers to get the employee's consent before they can deduct the cost of broken equipment. In OH, an employer may not deduct from an employee’s wages unless the employee has given their written permission to do so. Therefore, check any documents that you signed when you were hired, they will control.


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