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Payroll Deductions

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J

Jshabaker

Guest
What is the name of your state? CA

I own a trucking business in San Francisco. I had a verbal agreement with an employee regarding Nextel cell phone usage/activation. The agreement was that if she choose to activate her cell phone, it would be at her own expense. Well, she went on disability on May 11th and has NOT returned to work since then. She has been quite busy, filing sexual discrimination claims, workers comp, claims with the state commissioners office, EDD, etc. Anyhow, I deduced $500.- some odd dollars from her final paycheck for the cell phone usage, which might I add was all personal calls. Drivers have no need for a cell phone, only a radio. Was I allowed to deduct this amount from her paycheck because 1) there was a verbal agreement 2) this is NOT a company expense, rather a personal expense. I know this may not be the right category to post this in, but this was the closest place I could find. Your input/experience is greatly appreciated.
 


S

Sinsaint26

Guest
No. You should give the employee her final paycheck in full and go after her in small claims court for the cell phone bill.
 

cbg

I'm a Northern Girl
In your state, you must have a WRITTEN agreement from the employee before you can make any deductions, unless the deductions are required by law or expressly authorized by contract. You will need to give her the full check since you have no written authorization to deduct for the cell phone charges.
 

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