Can an employer take almost 50% of 1 paycheck for over payments owed without notifying the employee first?
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Can an employer take almost 50% of 1 paycheck for over payments owed without notifying the employee first?
Unbeknownst to me I was overpaid for a couple months and didn’t even know until they took $1500 out of my check today. They recently changed some pay rates around which coded and caused errors in a lot of places.
Asked on February 18, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, the employer may not do this without your consent or agreement. An employer may only withhold money from employee paychecks with employee consent or as required by law (e.g. tax withholding; court ordered wage garnishment). They could sue you for the money, if they believe you owe it and won't repay it (note: if you were overpaid, you have to return it--an error on their part does not entitle you to keep an overpayment); or if you don't have a contract protecting your employment and don't voluntarily repay, they could choose to fire (or demote, reduce pay, suspend, etc.) you. But they can't withhold money without your consent.
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