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  1. #1
    Join Date
    Dec 2007
    Posts
    18

    Default Withholding Wages After Supposed Overpayment

    Hey everyone

    Aout six months ago i started working for a company and verbally agreed with the general manager that my hours would be about 5-7 hours a day 5 days a week because of my school schedule or else I wouldnt even have agreed for the position. So I worked for 6 months with this schedule then one day out of the blue the owner calls me in and asks why I had not been on time for the past 6 months claiming that I should have been here 8 hrs a day and that he knew nothing of anything less. So I tell him why and the GM denies ever agreeing to anything less than 8 hours. He basically threw me under the bus. So not wanting to make matters worse, I get written up for not being on time for the past 6 months and I sign it and move on. Now the next pay check i got, the company is witholding commission I had earned claiming that since I had not been on time they had actually over paid me the past 6 months.

    Is this legal? Can they do this?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Withholding Wages After Supposed Overpayment

    In what state?

    Some states, like NH, for example, allow this in certain narrow circumstances:

    (4) Voluntary payments for the recovery of accidental overpayment of wages when the following conditions are met:
    (A) The recovery is agreed to in writing.
    (B) The deduction for the overpayment begins one pay period following the date the parties execute the written agreement.
    (C) The written agreement specifies:
    (i) The date the recovery of the overpayment will begin and end.
    (ii) The amount to be deducted, which shall be agreed upon by the employer and the employee but which shall, in no event, be more than 20 percent of the employee's gross pay in any pay period.
    (iii) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.

    http://www.gencourt.state.nh.us/RSA/...275/275-48.htm

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Withholding Wages After Supposed Overpayment

    They are in California per their previous threads.

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