Legal Question in Employment Law in California
Deductions to my paycheck in 2005 from 2003...can they do that?
In October of 2003 my company changed hands. The new company had trouble getting our pay checks right at first. I questioned the checks back then. Checks were reissued and deductions made. This went on for 2-3 months. My supervisor then assured me everything was correct and I had nothing more to worry about. That was October or November 2003.
January 2005, I received my paycheck with 14 hours of pay deducted. I questioned my supervisor who inputs my payroll and she didn't know why the deduction was there. I called the HR phone number and was told that back in October of 2003 I supposedly received 14 hours pay I should not have received (I do not believe this is true, but that is beside the point).
My questions now are . . .
1) Can they legally take this money back without notifying me?
2) What proof do they need to give me that I owe this money?
3) My rate of pay was lower in 2003. I have since received a raise. How can they just deduct 14 hours now at my new rate of pay? It doesn't seem right to me.
4) If I don't question this, what is to stop them from saying that they paid too much vacation or something and taking out even more money later?
I appreciate any advice or help anyone can give.
1 Answer from Attorneys
Re: Deductions to my paycheck in 2005 from 2003...can they do that?
Under California law, employers cannot simply help themselves to money they believe is owed to them by taking it out of an employee's paycheck. They have violated your rights under the Labor Code.
It may be that you were overpaid and, if so, you will have to pay back whatever amount that was. But that is something that must be worked out by agreement between you and the employer once the amount, if any, has been determined.
I don't know if the amount in question is large enough to justify retaining an attorney, but you should at least consult with one to advise you on how to deal with the employer. You also can file a complaint with the California Labor Commissioner and seek a return of the money, plus any civil penalties allowed under the Labor Code.
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