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My employer deducted money from my paycheck, without consent... Please help

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Missdiane

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

Quick back story: I worked a catering event for the restaurant I work for, it was offsite with just myself and 1 co-worker. The manager verbally informed us we would receive approx $400 each for such event. Following week we receive a check for $400.50 and abruptly was told to return such check bc of an accounting error. We would now only be getting $285.31 a piece and not to cash the check.

Issues: -We asked and were never informed of when we would receive new checks for monies clearly owed.
-We asked for a breakdown of the $913 service charge, as it has always been 2% to the 'house' and 18% to the servers, and have been denied. I also have in WRITING from said manager in an email that we get 18% of the service charge per 'normal' procedure.
-I did not cash my check pending an amicable resolution and yet my employer without my consent, either verbally or in writing, went ahead and deducted money from my current paycheck for money paid to me that I was forbidden to cash.

Question? Is it legal for them to deduct money from my paycheck without my consent while we are disputing it?
I know the employer can withhold money that is in a dispute until resolution but once they have given it to me can they then deduct it without my consent? Especially when I havent even cashed the check bc my manager directly told me not to.
 


cbg

I'm a Northern Girl
What are the deductions allegedly for? If you are an employee, as opposed to a contractor, he is required to deduct certain taxes; that is not optional and your specific consent is not required.
 

LdiJ

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

Quick back story: I worked a catering event for the restaurant I work for, it was offsite with just myself and 1 co-worker. The manager verbally informed us we would receive approx $400 each for such event. Following week we receive a check for $400.50 and abruptly was told to return such check bc of an accounting error. We would now only be getting $285.31 a piece and not to cash the check.

Issues: -We asked and were never informed of when we would receive new checks for monies clearly owed.
-We asked for a breakdown of the $913 service charge, as it has always been 2% to the 'house' and 18% to the servers, and have been denied. I also have in WRITING from said manager in an email that we get 18% of the service charge per 'normal' procedure.
-I did not cash my check pending an amicable resolution and yet my employer without my consent, either verbally or in writing, went ahead and deducted money from my current paycheck for money paid to me that I was forbidden to cash.

Question? Is it legal for them to deduct money from my paycheck without my consent while we are disputing it?
I know the employer can withhold money that is in a dispute until resolution but once they have given it to me can they then deduct it without my consent? Especially when I havent even cashed the check bc my manager directly told me not to.
So, your employer wanted you to NOT cash the check and to accept a replacement check for less money, yet has also deducted the difference from a different check? In that case, I think you need to cash the original check.
 

Missdiane

Junior Member
What were deductions for..

What are the deductions allegedly for? If you are an employee, as opposed to a contractor, he is required to deduct certain taxes; that is not optional and your specific consent is not required.
They deducted money from my paycheck that was paid to me for services rendered. It was a service charge aka gratuity from a catering event. Im not worried about taxes being taken out. Im upset about them taking out my actual earnings. I received a $0 paycheck
 

Missdiane

Junior Member
correct.

So, your employer wanted you to NOT cash the check and to accept a replacement check for less money, yet has also deducted the difference from a different check? In that case, I think you need to cash the original check.
All of that is correct. I plan on cashing the original now, im not worried about that part. I want to know the legality of deducting past earnings out of my paycheck as state laws says they cannot with out my written consent. But is there a loophole for them since this money is in dispute? They legally owe me that money that they took ...
 

Zigner

Senior Member, Non-Attorney
All of that is correct. I plan on cashing the original now, im not worried about that part. I want to know the legality of deducting past earnings out of my paycheck as state laws says they cannot with out my written consent. But is there a loophole for them since this money is in dispute? They legally owe me that money that they took ...
Since you've been made whole (by the other check), I think it's a moot question.
 

Missdiane

Junior Member
huh??

Since you've been made whole (by the other check), I think it's a moot question.
Im not sure where it was made whole....
They owe me $430. They are now claiming its only $285. They deducted the difference from my following paycheck without my consent. So Im a little confused on your comment. So I have 2 checks: 1 for $400 and 1 for $0 due to them deducting money. And even if they did make it whole (which they have not) i still would like to be informed if it is legal or illegal for them to do the deduction without my consent...
 

Zigner

Senior Member, Non-Attorney
Im not sure where it was made whole....
They owe me $430. They are now claiming its only $285. They deducted the difference from my following paycheck without my consent. So Im a little confused on your comment. So I have 2 checks: 1 for $400 and 1 for $0 due to them deducting money. And even if they did make it whole (which they have not) i still would like to be informed if it is legal or illegal for them to do the deduction without my consent...
It's not legal, but it is moot.
 

PayrollHRGuy

Senior Member
I don't see that expressed in that link. That doesn't mean it isn't there. The logic most states use is that over payments were already paid and it isn't a deduction.
 

Zigner

Senior Member, Non-Attorney
I don't see that expressed in that link. That doesn't mean it isn't there. The logic most states use is that over payments were already paid and it isn't a deduction.
From the page: CSEA v. State of California (1988) 198 Cal.App.3d 374 (Unlawful to deduct from current payroll for past salary advances that were in error)
 

HRZ

Senior Member
OP get that older checked cashed before you are back here complaining it was stop payment / bounced.

And if the current payment ismincolege , file a wage complaint with appropriate agency

BTW it's not clear if 2% for the house is even legal ...bears checking .

IF the older check does not clear..file a wage complaint .
 

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