Reno, NV asked in Employment Law for California

Q: Can an employer charge you for a fine they received and withdraw it from your paycheck without consent?

Employeer is charging back a fine they received. They are taking it out of the paycheck without giving any notice. Are they allowed to take the fee out of a paycheck?

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2 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Orange, CA
  • Licensed in California

A: It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.

I suggest your fiance consult an employment law attorney who will further examine his situation and explain his options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: No, his employer cannot take the money out of his paycheck. However, if the employer wanted to do so it could fire him or discipline him for costing the company that money. He needs to pick and choose his battles carefully.

Good luck to you.

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