When is an employee legally bound to repay money to an employer for earned income?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When is an employee legally bound to repay money to an employer for earned income?
We have attendance bonus offered. I have 99 attendance 2 years in a row. My employer says he will pay me the 100 I thought I was supposed to receive if I agree to repay my pay increase for last 2 years. My pay went up $2.00 a year ago. Is this legal? He obviously comes out ahead and it feels like he does not see my attendance at work as an asset. I am afraid to return to a training on Monday because he could try to also request training to be repaid if I get job somewhere else.
Asked on August 5, 2017 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Repaying income is legal if you agree to it. If you agree to his deal--to get the attendence bonus, you will repay the increase--you'd have to pay it, because in agreeing to that deal, you will contractually obligate yourself to it. If you don't agree, you do not have to repay; an employer can only get wages/salary back from an employee if the employee has agreed or consented to it. Yes, an employer can terminate you if he feels you are too expensive or not worth it, or simply reduce your pay going forward (unless, that is, you have a written contract protecting your employment and/or pay), but he can't take back money you already received without your consent.
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.