Can an employer with hold money from an employees check without the employees consent? Is it legal?

Is it legal for your company to with hold money from your paycheck, if they think you spent too much money while traveling for work?

They are with holding money from his paycheck because they say he has over spent on a company credit card. They have not shown him the reciepts to prove that he has. But on his last paycheck they took money out. Needless to say he has not signed any documentation stating he will allow them to take money out of his check. I just wanted to know if that was legal.

I think it all depends on what they are holding it for I had this happen to me recently I left my job and they paid me a last pay check 2 weeks after I left and then the new job I had left for didn't work out so I had went back to my old job and when pay day came around I didn't have any money coming to me according to my pay stub I asked them why they said when I left my job they had over paid me buy paying me that last check and I owed them back that money so they took my whole frist pay check to pay themselves back and I never knew till I asked and called the corporate office to find out why

Taxes, garnishments with court order, some garnishments for student loans in certain states without court order, insurance you sign up for, ( for example once in a qualified plan you can not get out for one year)

So tell us what is being taken out and we can give a better answer

Hello k:

No. Quit and sue them for your proper pay.

excon

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Originally Posted by kadamson

They are with holding money from his paycheck because they say he has over spent on a company credit card. They have not shown him the reciepts to prove that he has. But on his last paycheck they took money out. Needless to say he has not signed any documentation stating he will allow them to take money out of his check. I just wanted to know if that was legal.

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What is company policy? What you have described is not an unusual company policy.

He may very well not have to sign documentation. They are saving the time and expense of suing him for the balance.

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Originally Posted by kadamson

Is it legal for your company to with hold money from your paycheck, if they think you spent to much money while traveling for work?

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You've posted 3 times, same question.

What is company policy and why was the person terminated?

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Originally Posted by Trandy

With the exception of standard taxes, or court ordered child support, or other court or state ordered things, the answer is NO!!

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This is not a totally correct answer - the person was terminated from his/her employment and "overcharged" on the company credit card (which may or may not be the reason for the termination).

Money was subtracted from last paycheck. No indication what the company policy is but this is most definitely not an unusual practice and is often spelled out on the forms when company credit card is given to employee.

Same question, 3 different threads, little snippets of info each time - not all exactly the same.

You posts have been combined, you need to use the answer buttom to add more info here, not start a new question each time, this is not and does not work as a blog.

But he should know what he chaged, if he charged over and above allowed limits, if he charged for items not covered for his travel, yes that will be held out of his check. Common practice

[QUOTE=Comments on this post
Trandy agrees: But, all of that info wasn't ther when I originally posted????? I hate that part about the Edit feature. Makes me look ignorant!!.[/QUOTE]



No, it wasn't there when you answered and, yes, it was added later. I complain about the "edit" feature all the time. Very common on the legal boards for someone to post, sort of get set back on his/her heels in the responses - and then change the original post and we all look like we're on Planet Zippy.

And, no, you don't look ignorant. The people who post half a question here and the other half there (and sometimes a third half - :D - somewhere else) are the ignorant, time wasting people. They don't want advice - they want sympathy and with all the facts posted they wouldn't get any.

The problem arises when somewhere down the road an OP posts, "Well, I asked and you said -" and quotes an answer based on half the information, yet they quote the advice as gospel.

Don't know any way around the edit feature -

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Originally Posted by JudyKayTee

This is not a totally correct answer - the person was terminated from his/her employment and "overcharged" on the company credit card (which may or may not be the reason for the termination).

Money was subtracted from last paycheck. No indication what the company policy is but this is most definitely not an unusual practice and is often spelled out on the forms when company credit card is given to employee.

Same question, 3 different threads, little snippets of info each time - not all exactly the same.

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Ahhh! Well that explains things...
I know at the company I work for, we sign a form which specifically states that credit card is to be used for... etc. etc... and that any misuse or abuse of credit card will be at the discretion of the employer to deduct overages, or misuse purchases from cardholder's paycheck... agreed... sign here.

That gives permission to withdraw from ones pay... doesn't it?
So... yes in that case, it would be perfectly legal.

Things like this can also simply be described in a company regulations manual or similar document.

Write a letter to you HR department requesting written documentation of the charges within 7 days and let them know you are going to contact the department of labor.

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Originally Posted by lwelch

Write a letter to you HR department requesting written documentation of the charges within 7 days and let them know you are going to contact the department of labor.

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I see a potential problem here (without any explanation other than what has been posted: there was a supposed overuse, the boyfriend was terminated) - I see a possibility of an either/or situation. Either the company subtracts the "overage" from the final paycheck OR the employer gets the Police involved.

I have no problem demanding the proof but threatening the employer at this time may not be the best route to take. At the moment the "debt" is paid and I am having difficulty believing there was no discussion, no explanation, no consent, just the money removed from the final check. I'm sure it could/can happen but I do question it.

If the person actually posted and not someone on his behalf I'd be a little more confident here.

As a past boss, I used to get this all the time, we would explain it all to the employee, or they sat though a meeting and even signed a notice they were in the meeting, and guess what, they would not want to admit what really happened to husband or wife, and often almost weekly we had a husband coming in to demand we fix his wife check. We could not even talk to him about it, we would call the wife in, and ask her if it was OK, for her husband to be there while we went over the problems, including her signing that she was aware.

Often the person who does not know anything about it, reallly knew all about it at some point

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Originally Posted by Fr_Chuck

As a past boss, I used to get this all the time, we would explain it all to the employee, or they sat though a meeting and even signed a notice they were in the meeting, and guess what, they would not want to admit what really happened to husband or wife, and often almsot weekly we had a husband comming in to demand we fix his wife check. We could not even talk to him about it, we would call the wife in, and ask her if it was ok, for her husband to be there while we went over the problems, including her signing that she was aware.

Often the person who does not know anything about it, reallly knew all about it at some point

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Exactly my point - a majority of the "my husband told me/my wife said" posts make no sense because they aren't 100% correct.

I guess it's easier to blame someone than confess.

Same in law firms - the spouse gets told the Attorney said, "Well, there's nothing we can do and I don't know" when actually the person knows exactly why nothing can be done and how the whole chain of events can backfire if something is done.

Colorado law says
Permissible Deductions Upon Termination
Deduction for the amount of money or the value of property that the employee failed to properly pay or return to the employer in the case where a terminated employee was entrusted during his or her employment with the collection, disbursement, or handling of such money or property. In this instance the employer shall have 10 calendar days after the termination of employment to audit and adjust the accounts and property value of any items entrusted to the employee before the employee's wages or compensation shall be paid in accordance with C.R.S. 8-4-109.