Legal Question in Employment Law in New York

Hello,

I was just laid off a few weeks ago from a job I worked at for nearly 15 years.

I've been going through some old paperwork just to get some things in order. A lot of my old check stubs actually remained unopened since I was receiving my pay through direct deposit. I happened to open my check stub from February of 2007 and found a little note included from my employer which said, since I was taking their company vehicle home, that they would deduct $10 from my pay each week, as required by IRS law.

The odd thing about this is that no one ever asked me about it and I never signed an agreement pertaining to the matter. I live literally right up the block from the place, walked to and from work, and returned the company vehicle to their lot each day after work. I still have the leases I signed to show I lived in the same apartment building all along, right up the block.

I've looked at some of my check stubs from this period, and the deduction appears as "Auto E -10.00." I honestly did not know what this was, assuming it must have been a legitimate deduction. At some point they must have realized they made a mistake, because my most recent stubs from 2012 do not show the deduction. However, I did find a stub from July of 2011 which did indicate that the "Auto E" deduction was made, so this has possibly been going on for the past four-and-a-half years.

My question is this: Am I entitled to be reimbursed for that money? I was thinking of contacting my former employer about this, but wanted to make sure that I wasn't just wasting my time.

Thank You in advance for your response.

Regards,

Greg


Asked on 10/21/12, 8:38 am

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Recoveries on losses over contracts go back six years so the deductions probably are recoverable. If you were a salesperson based in NY you may also be entitled to triple damages as no written agreement was made regarding this.

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Answered on 10/31/12, 1:54 pm


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