Legal Question in Business Law in Florida

Dear Sir/Madam:

The answer turns on why the employee owes money and whether an arrangement was made regarding repayment. In general you cannot just take somebody's money from their paycheck just because you have a relationship. To garnish somebody's funds you need a final judgment from a court and also a garnishment order from the judge. However there are many instances when an employee borrows funds from an employer and then signs a promissory note where the terms of repayment specifies that the borrowed funds would be deducted from pay.

Absent a judgment for garnishment or a contract for repayment the action is illegal. The employee is entitled to full pay even if he/she owes money. The employer can sue and get a judgment and then obtain the order from the court to garnish funds.

There are several federal laws that might have been broken here by the employer.

You should seek the services of a competent attorney who on more thorough examination can determine the strength of your claim.

On issues of labor law most attorneys will not charge you a consultation fee and they will not charge you a representation fee to file a claim against your employer. If your employer is found guilty for failure to obey the labor law the attorney will earn its fees from the employer as the federal statutes provide for attorney's fees should you prevail.

Should you need further information you can contact my office for a free consultation.

Sincerely yours,

Daniel Lenghea