Is it legal for employer deduct from my paycheck for a mistakethat Imade?
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Is it legal for employer deduct from my paycheck for a mistakethat Imade?
I work for produce delivery company. One of my deliveries was 48 miles from the shop and i ended up ended up shorting them (item was left on truck). Shortage wasn’t known until some time after I got back to shop. My employer ended up sending someone else back to deliver shortage. Now they plan on deducting 2 1/2 hours for labor costs to send some one back plus $8 in gas. Is this legal?
Asked on October 24, 2010 under Employment Labor Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes, it is legal if there is an union/employment contract or stated employment policy indicating that your employer can charge back errors of this kind. However, even if it can require repayment for this type of loss, your employer cannot simply deduct from your paycheck; payroll deductions are subject to a number of limitations. In sucha case, you might need to make repayment by writing a check, etc. to your employer (as opposed to automatic paycheck withholding).
Note: Without a previous agreement requiring repayment, an employer may not force the employee to repay money for a loss. However, in an "at will" employment situation (and most employment arrangements are), an employer can terminate an employee for not making repayment. The fact is that an at-will employer can fire an employee for any reason or no reason at all.
Bottom line, you just may want to work out a repayment arrangement to keep the peace - and your job.
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