Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though
We have a agreement i pay him 100 every 15th but he is keeping my whole last check
The answer to your question depends on whether you have a written agreement regarding repayment of the loan that allows the employer to take the money from your final check. If there is not written agreement, or if the agreement does not allow the employer to do what it has done, then the action of taking money out of your final paycheck violates the law.
If you can establish that the employer wrongfully and willfully failed to timely pay your final pay you would be entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final check, up to a maximum of 30 additional days of pay.
Good luck to you.
Brad S Kane agrees with this answer
A: Why are you paying your employer? Don't answer here, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: Your employer cannot make deductions from your check unless authorized by law or by you in writing. It is common in employer advance/loan agreements for the employer to include a provision authorizing deduction of outstanding loan balances from your final check. Without such an agreement, the employer is engaging in illegal self-help, which creates liability for waiting time penalties of one's day pay for each day late up to a max of 30 days.
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