Q: Can I withhold money from a terminated employees final paycheck?
The withholding is due to an error made by employee at agency's expense and was clearly an act of incompetence to the duties/responsibilities of the position.
In general, NM Stat § 50-4-2 (2016) limits the extent and manner in which an employer can withhold earned pay from employee paychecks.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
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