Is it legal for an employer to withold n employee’s pay without a Court Order?
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Is it legal for an employer to withold n employee’s pay without a Court Order?
I am a truck driver. Recently I was involved in an incident that caused damage to a company owned trailer. My employer has withheld my pay since the incident. Additionally, the same employer withheld 100.00, alleging that I violated a Red Light Camera.
Asked on September 6, 2017 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, witholding your pay is not legal. That is unless you signed an employment contract or union agreement that provides otherwise. The fact is that your paycheck cannot be withold or deductions made from it without your consent. This is not to say that you can't be held liable for any costs related to the incident, just that in order to get you to pay, you will either have to voluntarily agree to pay or your employer will have to take you to court. At this point, you can file a wage claim with your state's department of labor.
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