Where is the line drawn?

[littleguy79]

State of Wisconsin
I was recently fired from a job I had with a moving company. They implemented a new policy stating that the cost of damages (for customers furniture, etc) would be deducted from the employee's paychecks. They then required everyone to sign a statement saying the employee agreed to the deductions. I refused to sign, because the policy allowed for deductions from my paycheck for the work that other people had done. They fired me for refusal to sign. All the information I've found seems to point out that I'm an "at will" employee so there's not much I can do. But now I've been turned down for unemployment benefits because according to them, by not signing the agreement I constructively quit rather than be fired. So it was either allow the company to deduct wages from my paycheck whenever they felt like it, or be fired and not be able to pay my rent & bills. Isn't there anything I can do? It doesn't seem right that a company can get away with things like that.

 

[mlane58]

The company made it quite clear that signing a release to deduct wages for damaged property was a condition of employment. There is nothing illegal about what they are doing. If you didn't want to give your consent then that was your choice not to. Time to look for another job!

 

[littleguy79]

Still a little confused

Thank you for the response. According to Wisconsin state statute 103.455 an employer cannot deduct wages from an employee for "defective or faulty workmanship, lost or stolen property, or damage to property" (http://www.dwd.state.wi.us/dwd/publications/erd/pdf/ls_45_p.pdf) unless it is authorized by the employee in writing after the damage occured or before the deduction. Obviously I just summarized it, and the actual law is more complicated than that, but legality or illegality seems to be who interprets it and who has the power. I just always thought that wages earned would somehow be protected, but apparently that's not the case.

 

[Beth3]

You are correct, littleguy. Not only can't a Wisconsin employer hold an employee financially liable for "faulty workmanship," in those limited cases where an employer could request an employee to agree to a payroll deduction for certain expenses (lost equipment, for example), (a) it must be completely voluntary, and (b) the agreement must be made at the time the loss/expense is incurred.

I suggest you contact the Department of Workforce Development and file a complaint.

 

[littleguy79]

I appreciate the response. I actually did try to file a complaint, and they said that the papers the employer requested everyone to sign were meaningless, but since I didn't sign, it was the same as disagreeing with company policy and therefore punishable by termination, actually similar to the first response by mlane58. So had I signed the paper, then later had wages deducted, I could have at least filed the complaint then. I guess overall what I'm wondering is, would I have any type of case against the company as a result of the termination? Or is there anything employees that still work there could do (without getting fired)? And also would it be worth it to appeal the unemployment decision, and would it help to have a lawyer represent me for the appeal? Another question I have, is it legal for the company to wait until after a damage/loss occurs, then have an employee sign off agreeing to the deduction (again probably punishable by firing if they don't)?