Legal Question in Employment Law in California
What is the best way to handle illegal paycheck deductions for losses which the employer should absorb?
For example, if an employee makes an honest mistake, and costs the company $400, and the employer deducts this $400 from the employee's paycheck........
to an attorney, is it worth taking this employer to court and teaching him a lesson, hoping the jury will make an example of him and award the plaintiff substantially more than the $400?
or should this employee confront the employer, stating that the deduction is illegal, and ask for a reimbursement?
2 Answers from Attorneys
You can do that, or complain to the Employment Development Division. No money can be taken out of an employee's paycheck without the employee's written approval, except for taxes and benefits.
A minor correction. The complaint should be made to the California Labor Commissioner. Division of Labor Standards Enforcement, not the EDD. That is the proper agency to address unlawful deductions. Alternatively, you can file a small claims case. This is not a case that would warrant damages sufficient for a civil lawsuit.
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