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Employer taking away a check

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Renegade33

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.

In October of 2010 my car broke down near my work and needed to be towed to a garage. My employer offered to pay for the towing costs (the business he owns is a transport business) so he had his regular tow guy pick up the car and take it to the shop. I said to him i'd happily pay for the towing considering it was my car that had broken down, but he insisted it was no problem and that was that. Unfortunately my vehicle was no longer fit for travel so my employer offered me the use of a spare van that they had in the lot. He said there was an EzyPass in the van and i was free to use that for the toll bridge instead of taking the pass off my inoperable vehicle. I just needed to take care of the fuel costs. In return i'd spent a few hundred on computer virus software and other misc office products, as we had a good working relationship.
Everything was fine until I recently decided to move on from the company to another job closer to home. He had wanted me to stay on in the position longer but due to family issues i resigned and gave him my 2 week notification. Then told me he'd bill me for the towing and Ezypass costs. I went to pick up my final paycheck and the bottom was torn off with only the stub remaining and hand written on it 'for towing and ezpass'.
I never received any receipts from the towing or ezypass from him, just a pay stub with the amount i should have been paid on a stub without the check.
I also had a package that was delivered in my name that also arrived at the business the day before and was opened without my consent.

I'm wondering what my options are in this situation. We had a verbal agreement that the costs were taken care of, and then my paycheck was taken away. I have never asked for anything in return for the money i spent on the software and other office items i purchased. It's clearly a petty 'revenge' type of problem i'm now dealing with.

Can i sue the business for the money they took from me in this situation?
 


pattytx

Senior Member
In PA, you have to affirmatively authorize any deduction (not otherwise required by law) in writing. If you did not do so, you can file a complaint with the state Dept. of Labor.

What Can Be Deducted From My Paycheck?
If you have borrowed money from a third party, you can give the employer written permission to deduct payments from your earnings. If your employer has loaned you funds, it can deduct the amount from your earnings as long as you have given written authorization. Of course, normal tax deductions must be made. You must give written authorization to your employer to make such non-tax related deductions. It is not valid to sign a "blanket" authorization at the time of hire to cover any future deductions. Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be for the employee's benefit.
http://www.portal.state.pa.us/portal/server.pt?open=514&objID=563209&mode=2#12

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2
 

swalsh411

Senior Member
Based on what you described that is unquestionably not a legal deduction. My advice would be to attempt to educate him on the law and give you your check, and if he does not let him know you will be filing a wage complaint. The threat of doing so, when he clearly sees he will not prevail, may convince him it's not worth the hassle and to just pay you.
 

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