Legal Question in Employment Law in California
Can Employer Take Credit Card payment out of wages
I'm in sales and have a corporate AMEX card in my name. There's a balance, and 9/15 is my last day with the company. I told the company I will pay the balance, but they want to take it out of my ''vacation pay''. Can they do that?
2 Answers from Attorneys
Re: Can Employer Take Credit Card payment out of wages
The only way that they can legally deduct from your wages is if you authorize them to do so in writing after-the-fact.
If they do make this deduction, then they are essentially refusing to pay you this amount of your vacation and you would have a claim against them for unpaid wages, plus penalties.
Additionally, sales people often have other wage claims that you might be able to bring.
Re: Can Employer Take Credit Card payment out of wages
Unless you signed a waiver authorizing a deduction of this kind (specifically) then it is a violation of the California Labor Code to deduct from wages owed to an employee. Should an employer allege the employee owes the employer money after the employment has ended, the employer must actually bill the employee, they cannot deduct the wages.
You can deal with this matter through communicating with your employer, the California Labor Commissioner or contacting legal counsel.
Should you have any additional questions, you are welcome to contact my office or me through my e-mail provided. Best of luck.
Sincerely,
Beth Mora