Legal Question in Employment Law in California

can your boss take your whole check after fiering you if you owe money even if you had a payment plan set


Asked on 6/30/13, 1:08 pm

2 Answers from Attorneys

Generally, the answer to your question is no, the employer may not take a "balloon" payment from an employee's paycheck upon termination to settle an outstanding debt of the employee. See the Department of Labor Standards Enforcement (DLSE)'s FAQ page regarding deductions from wages: http://www.dir.ca.gov/dlse/faq_deductions.htm

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Answered on 6/30/13, 1:33 pm
Kristine Karila Law Office of Kristine S. Karila

No, unless you signed an agreement authorizing your employer to do so. If you did not sign an agreement stating that your final paycheck may be deducted for the debt, you may be owed your wages plus one day's pay for every day you have to wait up to 30 days PLUS your employer "shall" have to pay your attorney to collect it. Of couse, if you owe money, your former employer can sue you for the balance. In cases like this, it is wise to call an employment law attorney IF you did not sign an agreement authorizing the deduction from your final paycheck. An attorney may be able to get the waiting time penalties, plus her/his fee plus your wages and settle so that you don't get sued for the debt. Many of us offer a free initial phone consultation. 949-481-6909.

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Answered on 6/30/13, 1:36 pm


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