If someone purposely withholds a portion of your pay without your knowledge or consent, doesn’t this violate your constitutional rights?
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If someone purposely withholds a portion of your pay without your knowledge or consent, doesn’t this violate your constitutional rights?
Aren’t you are supposed to be have the opportunity to be heard before such deductions or shortages are applied?
Asked on December 22, 2011 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is illegal, though it is not a violation of your constitutional rights; your constitutional rights apply to actions by the government, not by private employers. However, even though the constitution is not implicated, it is still illegal to withhold part of an empoyee's pay without that employee's agreement or consent, outside of certain limited circumstances (e.g. withholding taxes, which employers have to do even if the employee wants them to not do this; or obeying a court ordered wage garnishment, which again, the employer must comply with--if the issue is a wage garnishment, you can seek redress from the courts, from the party getting the garnished wages, if the garnishment was improper; but the employer is not liable for having followed the court order).
If an employer believes an employee owes it money (e.g. for losing or destroying company property), the employer can sue for that money; and/or may fire the employee; but may not withhold it from the paycheck without the employee's permission.
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