Is it legal to withhold money from a paycheck without proper documentation or receipt of what it was used for?
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Is it legal to withhold money from a paycheck without proper documentation or receipt of what it was used for?
Asked on November 19, 2012 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As a general rule, an employer cannot make any deductions from an employee's paycheck without the employee's express consent (typically in writing). And such a deduction would have to be explained to the employee (e.g. via receipt or other documentation, etc). The fact is that an employee can be held liable for certain shortages or the like. However, if an employer cannot get the employee to voluntarily pay, then they will have to sue to get it (they cannot just deduct money out of a paycheck).
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