My husband recently got a paycheck from McDonald s with a deduction called ‘call off’, is this legal?

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My husband recently got a paycheck from McDonald s with a deduction called ‘call off’, is this legal?

My husband recently got a paycheck from
McDonald s with a deduction called ‘call
off’. They deducted 1 for each hour he
worked, for a total of 54.25. He did call
off within that pay period, because he was
sick, but he gave 12hrs notice. Is it legal
for them to take away money he already
earned? We are hurting as it is with him
making such low wages and getting no hours.
If it s illegal, what should we do about it?
His manager already has voiced that she doesn
t like him, multiple times to multiple
people. He s worried she won t take it
seriously, or fire him for insubordination.
Also, he is a really hard worker. He works
from 4am to 1pm, about 4 days a week, he’d
work much much more, if they would allow him
to get more hours. Also, this is the first
time he’s called off in about 6 months. Any
help?

Asked on June 23, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the employer may NOT make any deductions from already earned wages for a call off unless the employee consented or agreed to it. If the employee has no writen employment contract, he is an "employee at will" and if the emloyer is not happy with him, there are many things she can do: suspend him, demote him, reduce his hours, change his shift, even fire him...but one thing she can't do is debit or reduce what he should be paid for work he has already done. Your husband may wish to contact the state department of labor to discuss the situation and hos options; the department of labor may be able to help him. Good luck.


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