Is it legal for an employer to withold n employee’s pay without a Court Order?

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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