Legal Question in Employment Law in Florida

bonus deductions

I am a Physician Assistant in Florida. is it legal for my employer to deduct the employers matching, ss tax, medicare, futa tax, and workmans comp. that he paid for over the year all from my bonus. In other words he is making me pay for benefits promised in contract and all taxes he had to match above and cme requirements, and malpractice insurance he agreed to pay. is this legal if I am considered an amployee of the medical office which also employs over 8 other individuals. He also has deducted these on his taxes.


Asked on 3/29/08, 4:23 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: bonus deductions

It depends on what your contract says. As you describe it, they cannot do what you describe. That being said -- if your bonus is completely discretionary -- then calculating it in a manner that accomplishes what you believe is happening may be fine. It depends on what your contract says, particularly with respect to your bhonus, how it is earned, and how it is calculated (if any of that is described).

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Answered on 3/29/08, 6:06 pm


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