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  #1  
Old 11-23-2009, 06:32 PM
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Join Date: Nov 2009
Posts: 1

Can my employer legally debuct from my paycheck?


What is the name of your state (only U.S. law)? WV

My employer has mentioned to me that I have made several "mistakes" over the past few weeks due to shortages or overages on my shift. I work for a subway, and I'm one of the first shift employees. What happens is that I come in in the morning do my count of everything (food, cups, plates, etc.) and then 30 min prior to my shift end I have to account for everything that has left that place. And, for an example, today I came up short 4 amount of cookies, and 2 chips. I recounted and they are gone. I do work with someone else in my shift, but no matter what they always point the finger at me!

So now my employer is saying every time I cannot "find" these items they will deduct an amount from my paycheck or make him pay it in cash! So, is this legal? or should I bring in Labor Law?

Thank you.
  #2  
Old 11-23-2009, 08:47 PM
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Join Date: Oct 2009
Posts: 111
You are entitled to your full pay less any deductions which is defined as deductions required by law or deductions you have agreed to.

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[url=http://www.wvlabor.com/newwebsite/Pages/Laws_Wage%20&%20Hour.html]Laws Wage & Hour[/url]

§21-5-3. Payment of wages by employers other than railroads; assignments of wages.

(a) Every person, firm or corporation doing business in this state, except railroad companies as provided in section one of this article, shall settle with its employees at least once in every two weeks, unless otherwise provided by special agreement, and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services.
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Your wages are not a free-for-all tool which your employer can use to recover shortages. I would show him this law and then if he deducts this from your check anyway, contact the WV Division of Labor.

He can fire you for losing things, but he cannot deduct their cost unless you agree to it.
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