Q: My boss makes me pay him back cash if i miss a day of work instead of taking it out of my paycheck. Is that legal?
I am on salary basis pay. If I take a personal day, my boss will make me give him the cash for hours missed (8hrs) instead of just docking my paycheck. We have no PTO or sick days to use. My main question is that why not just dock my paycheck instead making pay cash back to him. Is it legal to do that?
A: Absolutely not. If you miss a day of work and it reduces your pay, then your paystubs should reflect your lower pay. Otherwise, you are paying taxes on money that you did not earn. Something inappropriate is going on.
Neil Pedersen agrees with this answer
A:
What you are describing is wage theft. Your employer has no right to ever make you pay it money as a form of discipline. You need to make contact with an attorney right away. Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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