Is it legal for employer deduct from my paycheck for a mistakethat Imade?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it legal for employer deduct from my paycheck for a mistakethat Imade?

I work for produce delivery company. One of my deliveries was 48 miles from the shop and i ended up ended up shorting them (item was left on truck). Shortage wasn’t known until some time after I got back to shop. My employer ended up sending someone else back to deliver shortage. Now they plan on deducting 2 1/2 hours for labor costs to send some one back plus $8 in gas. Is this legal?

Asked on October 24, 2010 under Employment Labor Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

Yes, it is legal if there is an union/employment contract or stated employment policy indicating that your employer can charge back errors of this kind. However, even if it can require repayment for this type of loss, your employer cannot simply deduct from your paycheck; payroll deductions are subject to a number of limitations.  In sucha case, you might need to make repayment by writing a check, etc. to your employer (as opposed to automatic paycheck withholding).

Note:  Without a previous agreement requiring repayment, an employer may not force the employee to repay money for a loss.  However, in an "at will" employment situation (and most employment arrangements are), an employer can terminate an employee for not making repayment. The fact is that an at-will employer can fire an employee for any reason or no reason at all.

Bottom line, you just may want to work out a repayment arrangement to keep the peace - and your job.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption