Q: My boyfriends job is withholding his pay? He's a truck driver they are saying he owed them for a tow that happened .
The company already was taking 100 out each time he was paid for the tow, they also claimed he quit except he never said that..He told his boss in text message due to ingine issues he kept having with the truck that he was tired of driving a truck with problems that he could find another job if he needed to without issues and I guess they took that as he quit . So my question is can a company hold your pay whether you quit or get fired ..also is my friend even legally responsible for the tow ?Can they withhold his check for that?
A:
If your boyfriend is an employee what his employer is doing violates the California Labor Code. If he is an independent contractor, whether or not the company can do as it is will be determined by the contract between them. There is not enough in your post to be able to determine if he is an employee or independent contractor. He would consult with an employment law attorney to determine that key issue.
Good luck to you.
Brad S Kane agrees with this answer
A:
Assuming that your boyfriend is an employee of the tow company, it is illegal for them to deduct a business expense. Further, if your boyfriend's employment was terminated by the company, then his final compensation, including refund of illegal deductions, was due within 24 hours and waiting time penalties accrue at the day of 1 day's pay up to a max of 30 days.
Please note that if the company towed your boyfriend's vehicle outside of his work activities, then the company can legitimately charge him for the cost.
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