If we have to pay $100 for a background check for each employee that we hire, can we deduct the $100 from their check?

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If we have to pay $100 for a background check for each employee that we hire, can we deduct the $100 from their check?

Recentlr 2 of our newty hired employees quit after just a couple of days.

Asked on May 2, 2012 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you received agreement or consent from the employees in advance (e.g. before the check was conducted), it should be legal. For example, you'd want employment candiates to sign something which clearly stated something to the effect of , "in the event you are hired, but then voluntarily leave employment (quit or resign) within six months of your hire date, you will repay the company the $100 cost of the background check conducted during the hiring process. You further agree that if you do not make other arrangements to pay this amount, the company may withhold it from your final paycheck." There must be explicit consent in advance--you cannot withhold money from employee checks without employee consent.


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