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Can Your Employer Make a Deduction From Your Pay Without Your Permission

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  • 11-16-2016, 09:15 AM
    Guild23
    Can Your Employer Make a Deduction From Your Pay Without Your Permission
    My question involves labor and employment law for the state of: FL


    I'll try to keep it short.

    I moved to FL last year to help manage a restaurant. I've been with the company for 5 years. In the terms of the contract I signed, I was given a monthly housing voucher (tax free) for 12 months. The problem is, apparently they gave me an additional month without realizing it...they tried to cancel the check, but I had already cashed it (I relied on it for my rent payment).

    HR called (along with a lawyer) and asked if they could deduct it from my paycheck. I told them no, I needed my paycheck to pay my bills. (I have not made as much money as they lead me to believe I would make and it's been a struggle living here financially).

    Well today I was notified that they will be deducting it from my paycheck regardless without my permission. So that's basically my entire paycheck. Is this legal?

    They also gave me an alternative and asked me to sign a contract saying stating that I could make a down payment on the money I owe them, and continue to pay monthly until it's repaid.
  • 11-16-2016, 09:19 AM
    free9man
    Re: Paycheck Dispute.need
    Why don't you go with the payment plan? You owe them the money and it will keep them from zapping an entire paycheck, whether it is legal or not.
  • 11-16-2016, 09:21 AM
    Guild23
    Re: Paycheck Dispute.need
    That's the option I'm leaning towards (I've already been looking for another job). It's a promissory note they want me to sign, stating that I acknowledge I owe this amount and agree to them deducting my paycheck. It's just frustrating how they've treated me. They try cancelling the check without letting me know (I would have been screwed if they had). And now they are taking my paycheck and tell me the day I'm receiving it.
  • 11-16-2016, 09:29 AM
    Mr. Knowitall
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    Quote:

    Quoting Guild23
    View Post
    Well today I was notified that they will be deducting it from my paycheck regardless without my permission. So that's basically my entire paycheck. Is this legal?

    They also gave me an alternative and asked me to sign a contract saying stating that I could make a down payment on the money I owe them, and continue to pay monthly until it's repaid.

    Beyond adjusterjack's observation, how hard do you want to push this? Push too hard and you could end up without a job.

    I may have missed something, but I don't see any state law restriction in Florida that would stop an employer from deducting a debt owned to the employer from an employee's paycheck -- and Florida is somewhat notorious for its weak worker protections. Federal law would still apply, so deductions may not be so large as to reduce an employee's compensation below minimum wage.
  • 11-16-2016, 09:35 AM
    free9man
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    Quote:

    Quoting Mr. Knowitall
    View Post
    Beyond adjusterjack's observation, how hard do you want to push this? Push too hard and you could end up without a job.

    Ouch!
  • 11-16-2016, 09:37 AM
    cbg
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    This would be illegal in many states but not in Florida. As long as the Federal requirement that minimum wage plus overtime is not violated, Florida isn't going to say a word.
  • 11-16-2016, 09:41 AM
    Guild23
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    Thanks for your replay Mr. Knowitall. After 5 years of working my butt of for this company, our relationship has deteriorated to a large extent. They lured me to a new state with promises they never intended on keeping. I have already found one job, and I'm actively looking for another one. If I sign this promissory note, I'm acknowledging that I owe them this amount....so I'll be legally on the hook for it. I feel like they are trying to intimidate me into signing. I didn't make the mistake, they did...now without asking they are just taking my paycheck, doesnt seem right :/

    edit: ya I'll just sign the promissory note and be done with it. Thanks everyone!
  • 11-16-2016, 09:57 AM
    free9man
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    You owe them the money, period. End of story. Do the payment plan and run when you can.

    Better hope the housing allowance was handled properly or you could be looking at a big tax bill too.
  • 11-16-2016, 11:47 AM
    RetiredSC
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    Quote:

    Quoting Guild23
    View Post
    In the terms of the contract I signed, I was given a monthly housing voucher (tax free) for 12 months.

    While you didn't ask about it, you should note that housing allowances are almost never tax free. There are a very few exceptions, but none apply to the facts in your post.
  • 11-17-2016, 12:42 PM
    PayrolGuy
    Re: Can Your Employer Make a Deduction From Your Pay Without Your Permission
    There is no question you owe the money. This is no different than a clerical error where you were under or over paid for time worked.
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