Portland, OR asked in Child Support, Gov & Administrative Law, Small Claims and White Collar Crime for Oregon

Q: If my employer takes money out of my check for a draw and there's no signed document giving permission can I ask 4 it b

Can I make him pay it back and can I make him pay back all money taken out of my checks this way ? If so how far back can I make him pay me? He wasn't showing draws on my check stubs for two years . He was taking hours away from my pay to pay himself back. I demanded he pay my hours and show the money he took as a draw on my check I was angry these hours wouldnt be shown on my yearly income ? He was already garnishing my 50% of my wages for court ordered child support. I found out he garnished my wages and he wasn't making my payments at first and he made payments spiraticaly sometimes he would make a large payment 2 months l after he should have . I payed my support biweekly so my garnishment should be payed to correct? If he payed when he felt like it. Is he breaking the law ? Is there repercussions for this ?

1 Lawyer Answer
William Jaksa
William Jaksa
  • White Collar Crime Lawyer
  • Toronto

A: He could be breaking the law, BUT it sounds more like a small claims or employment matter. That being said, there are some things that you need to consider. There doesn't need to be a written and signed document for you and your employer to have an agreement, but that is always best. You could be on the hook for more taxes IF he pays you the hours and then deducts what is owed to him. My advice is have a sit down conversation with him, explain what your concerned about and put everything in writing. You only recourse might be small cliams court and that could work against you.

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