Legal Question in Employment Law in Tennessee
Employee Error
I recently received my last paycheck from my previous employer, a sole proprietor with two W-2 employees. Enclosed with the paycheck was a letter stating an amount of $125 was deducted from my pay for an ''employee error''. Evidentally, I was assigned the responsibility of cancelling a caterer and neglected to do so before a cancellation charge was assessed to my employer. Since my employer is viewing this cancellation charge as my error, 50% of the $250 charge is being passed on to me by withholding $125 from my last paycheck. I vaguely recall this request being mentioned in a meeting where both myself and the other employee were present. We were not given any further direction nor a name or number to contact regarding the cancellation. Can they legally withhold my pay because of this ''employee error''? And if so, at what point is an employee protected from being charged any losses taken by the company?
1 Answer from Attorneys
Re: Employee Error
You can settle a dispute over missing pay with your employer in court. However, that will cost you a court filing fee (which you will receive back if you win the case and forfeit if you lose the case). You may be able to get the money back by writing the employer a demand letter and disputing that you received particular instructions to cancel the caterer -- although splitting the caterer bill in half seems like a fair compromise if you vaguely recall those instructions.
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