Is it legal foran employer to deduct the employee’s check for damages done to a leased truck?

UPDATED: Jan 6, 2012

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Is it legal foran employer to deduct the employee’s check for damages done to a leased truck?

Asked on January 6, 2012 under Employment Labor Law, New York


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

Answered 11 years ago | Contributor

In NY, no deductions may be made from wages paid to an employee except those required by law (e.g. payroll taxes, child support, wage garnishments) unless they are expressly authorized, in writing, by the employee and are for that employee's benefit. Further, an employer may not require an employee to make any payment by separate transaction unless such a payment would be permitted as a deduction from wages (i.e. insurance premiums, pension payments, union dues, etc). It is a violation of the law for an employer to make any other deduction from an employee's wages.

So for example, as in your case, if an employee company damages property an employer may not recoup the value of that property by deducting from that employee's wages. In other words, it may not simply withhold an employee's wages without a court order. An employer must pursue whatever available remedies there are at law.

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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