Legal Question in Employment Law in Tennessee
Taking money out of an employees paycheck
I worked at a hair salon as a
receptionist and decided to quit. I gave
no notice. I had a key to the salon and
was instructed to return it. I made
contact asking if I could drop it off at
the owner's daughter's house since the
salon was closed. The daughter said
no. I left at 3 am the next morning to fly
to New York. When I got back home, I
got my check in the mail. It had a note
on there saying she was forced to
charge me for the locks being changed.
$80 was taken out of my paycheck. Is
this legal? I never signed any contracts.
Also, she had to rewrite my check in
order to take that money out because
the checks were already written prior to
her changing the locks. Is this worth
fighting for? It seems very wrong.
1 Answer from Attorneys
Re: Taking money out of an employees paycheck
I agree that this is not a good practice, but at the same time the employer has to protect itself. The protection is not from you, but from the other ex-employee who leaves with the keys and then may break back in to steal something of value. The policy is written protect against this type of situation.
To get to the issue of charging you for changing locks. One of the key questions is whether this deduction caused your wages to fall below minimum wage ($5.15 per hour). If so, the employer may have committed an illegal act. At the same time, however, you are arguing about $80.00. Given typical legal fees and expenses, it will probably cost you more to argue about the outcome (even though you may be able to ultimately recover these amounts) than to chalk this up to learning.