Employer taking half my pay during an open case
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Employer taking half my pay during an open case
My employer deposited my check into the wrong account not belonging to me. A few days later money appeared in my account from my employer. I was under the impression that they located the funds and placed it into my account from pay day. I was later told that the money was placed in my account as a loan paycheck and I was to pay it back. I was never given the option to accept those funds nor was I told that the funds that was placed in my account was not mine to begin with. If that was the case I would have rejected the funds. My employer then proceeded to take half of my next paycheck without my permission. Can my employer make those moves without my permission or me signing off on it? What are my rights as an employee?
Asked on August 15, 2019 under Employment Labor Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No one, whether employer or not, can force anyone to accept or repay a loan without consent.
You had the right to be paid: if the employer deposited the money in the wrong account, that is their problem and they can take steps (e.g. sue the recipient) to get it back but still must pay you. Employees must be paid for the work they do.
And finally, employers cannot withhold any part of a paycheck without employee consent (or a court order, such as an order for wage garnishment).
All in all, the money they gave you was your pay, to which you were entitled, not a loan, to which you did not agree, and they could take recapture any part of it by withholding your pay without consent. You are entitled to the full amount. Contact your state department of labor to file a complaint if you and the employer cannot work this out.
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