Legal Question in Employment Law in California

Can employees be fined

We are in the process of re-working our Employee�s Manual. In working on the sections under disciplinary action, a question was raised as to weather employee may be fined of docked pay for violating company policies. Any guidelines will be appreciated.


Asked on 1/05/05, 4:58 pm

4 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Can employees be fined

No! Docking earned wages or fining employees would violate a multitude of state and federal statutes and regulations. If you would like a legal compliance review of your handbook, feel free to call or email.

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Answered on 1/10/05, 8:56 pm
Joel Selik www.SelikLaw.com

Re: Can employees be fined

If you do not have a professional HR attorney (I do not do this, so I am not selling myself) prepare this for you or review what you have you are making a huge mistake that one day will cost you a great deal. Just my opinion.

JOEL SELIK

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 1/10/05, 9:11 pm
Terry A. Nelson Nelson & Lawless

Re: Can employees be fined

Might I be so bold as to suggest that taking anonymous advice over the internet for business decisions that could cause you lawsuits and cost you tens of thousands of dollars, is not good business. Good legal advice could avoid that problem. With that said, NO, you can't dock pay. You really should get competent legal advice and review of your manual that could save you far more that you risk now. Your question demonstrates that you need such help. Feel free to contact me if you want to do so.

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Answered on 1/11/05, 1:27 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Can employees be fined

You are getting yourselves in deep. First, disciplinary policies, ie, steps, may begin wearing away at the "at-will" employment you enjoy in CA. Attempting to take anything from the employee, wage, etc., will get you in deep trouble with the labor board, no, no, no... Set meeting with competent attorney to discuss. We have put together several policy/procedure manuals within last month or two. Need much time and assessment. Do not do this hastily.

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Answered on 1/11/05, 4:57 pm


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