Can an employer deduct for accidental damage to company property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer deduct for accidental damage to company property?
I worked for an offshore boat company for about 2 years. I bent a wheel on the #1 engine and was fired for that. In my defense it was the only thing that ever happened in the time that I worked there; it is a common thing to bend a wheel. They sent me $97 instead of my 10 days of pay, which should have been $2700.
Asked on August 21, 2013 under Employment Labor Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Typically, an employer cannot deduct money from an employee's paycheck; the only time it can deduct money from an employee's wages is if the money is: (1) for income taxes, social security or the like, or (2) used to pay premiums for health insurance, union dues, or a retirement plan (or another payment that the employee authorized).
Additionally, an employer cannot deduct money from an employee's paycheck if, by accident or simple negligence, they lose company money, lose comany property or break the company property. If you just make a mistake and the company loses money, your employer cannot collect that money from you. These types of losses are part of the employer’s cost of doing business and your employer has to cover the costs. Only gross negligence or willfull dishonesty permits an employer to so deduct from an employee's paycheck.
Therefore, based on the limited facts presented, you appear to be owed the missing wages and may sue in small claims court to get what is owed you. That having been said, the law regarding this type of deduction varies from state-to-state. So you may want to consult directly with an employment law attorney or contact your state's department of labor for more information as to your speciic situation.
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.