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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.