Modesto, CA asked in Employment Law for California

Q: I am being reinstated includes any lost wages and benefits.

Can an employer deduct money earned from other jobs while i was wrongful terminated from employer. Is there any legal obligation on my part to give them any w-2 or final paystub?

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2 Lawyer Answers

A: An employer in California cannot make any deduction from the wages that you earn from that employer. Cal. Labor Code 221-223 prohibits any deductions from your wages, even if you agree to the deductions.

A: The answer to your question depends on the circumstances of your reinstatement. Was there a lawsuit? Did you have a settlement agreement? Terms of reinstatement? If these are damages for lost wages due to wrongful termination, in a litigation a defendant is entitled to an offset of earnings that you received because those were not "lost earnings". But unless you agree to that offset as a part of a reinstatement, the employer cannot unilaterally take that money, per the labor code. You need a local employee's rights attorney to discuss all the facts with you.

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