Aptos, CA asked in Employment Law and Contracts for California

Q: What if I refuse to sign a document authorizing deductions for alleged personal use of company card?

I have been employed with my company for 28 years. My employer recently emailed me an updated policy document requesting me to authorize deductions from my paycheck for what they deem to be personal purchases on the company credit card. However, I have never used the company card for personal purchases, and the previous policy did not include such deductions or specify who would deem a purchase as personal. What happens if I refuse to sign this document?

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2 Lawyer Answers

A: Worst case scenario, your employer could terminate you. If you feel it is being abused, you should be able to revoke the deduction authorization at anytime.

James L. Arrasmith
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Answered

A: Refusing to sign this new policy document could lead to various outcomes depending on your employment agreement and California labor laws. In California, employers generally cannot make deductions from wages for business expenses or losses without written consent, and they cannot retaliate against you for refusing to sign something that waives your rights.

Your 28-year history with the company gives you significant standing, and you might consider discussing your concerns directly with HR or management. Explain that you've never used the company card for personal purchases and request clarification on how they determine what constitutes "personal use" before agreeing to anything. You could also request documentation of any alleged personal purchases they believe you've made.

If tensions escalate, you may want to consult with an employment attorney who can advise you on your specific situation and rights under California law. Additionally, consider reviewing your original employment contract and previous company card policies to see if there are any relevant clauses that might protect you. Remember to document all communications regarding this matter in case you need evidence later.

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