illegal wage garnishment?

[ru469]

What is the name of your state?OHIO I quit my job on May 7. 2004. I gave a weeks notice. I was informed I would have to repay $861 for training reinbursement ( company policy). I agreed to that and said I would pay them in a month, and asked my boss and the lady in charge of payroll not to deduct it out of my last check(because they told me that was their plan). Well they deducted a third of it out of my check when I was paid on May 14 and said that their lawyer said it was ok. That ticked me off. They still owed me mileage reinbursement (since I drove my personal car for work). They sent me a statement on June 10 for mileage payment of $286.16 and then deducted all of that for payment and then they say I owe them $286.16 and to contact them for payment(wierd how that is exactly what they just paid and deducted). I am willing to pay them the money I owe, but what can I do to get them back. I told them they can't withhold wages unless it was court ordered, a loan through them or unless I agreed to it. Am I correct, and what kind of trouble can they get into. Also don't they only have 72 hours to pay your final check? Is mileage reinbursement included? Thanks

 

[Beth3]

1. Ohio has no law that dictates when final wages must be paid. Generally speaking, in those States the courts have held that final wages are due no later than the next regularly scheduled pay date.

2. Yes, it is true (barring anything unusual in State law) that an employer may not make payroll deductions unless they have a valid garnishment from a court or the employee has authorized the deduction. What I don't know is whether their training and reimbursement policy includes provisions regarding the manner in which repayment/payroll deductions will be handled for a departing employee. If you were given a copy of this policy or it's included in an employee handbook and you signed an acknowledgement, you may have pre-authorized the deductions. If that is not the case, then you are free to contact Ohio's department of labor and file a complaint.

3. Reimbursement for mileage and other out-of-pocket business expenses is entirely a matter of company policy. They are not required to pay for those things at all, consequently I can't think of anything that would make it unlawful for them to deduct the money owed you owe them from the money they owe you.