Is it legal for an employer to remove money from an employee’s final paycheck?

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Is it legal for an employer to remove money from an employee’s final paycheck?

I was terminated after injuring myself. The manager removed money from my final pay and provided me with a paycheck stub that does not meet the requirements stated by the labor board. The manager has continued to harass me financially and I was even threatened by their attorney stating that if I pursued the matter I would be sued by them

Asked on July 12, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they may NOT remove money from an employee's paycheck (whether their final check or any other check) except or unless: 1) the employee consents or agrees to it; or 2) it is required by law, such as court-ordered wage garnishment. Since they have no basis for removing or taking the money, they have no basis--at least based on what you have written--to sue you. You are entitled to that money: speak to the department of labor to discuss the matter and see if you can file a complaint. The dept. may be able to help you; if not, you could sue your former employer for your money, such as in small claims court.


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