Can my paycheck be docked without notice?
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Can my paycheck be docked without notice?
My recent paycheck was docked to make up for a previous paycheck for which I was overpaid. I was not aware of the situation until I saw my check was docked.
Asked on November 18, 2011 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, your paycheck may not be docked without your consent, even if you had been overpaid.
However, if you were overpaid, the employer is entitled to the money back, even if the overpayment was due to its administrative error. It could have sued you, if it wanted to, to recover that money. Therefore, if you were in fact overpaid, and all the employer did was recapture the money which you had been overpaid, you may wish to let this go, even though technically, what your employer did was improper.
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