Legal Question in Business Law in California

Can my company garnish my wages for a mistake made in the budget with a vendor?

Asked on 5/15/12, 12:46 pm

2 Answers from Attorneys

Roy Kohler Law Offices of Roy Kohler

Generally the answer is NO. They cannot garnish your wages for ordinary negligence or a mistake unless there are terms that may allow it in your employment contract. But that is doubtful.

They may be trying to pull a "fast one" on you.

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Answered on 5/15/12, 1:48 pm

Terry A. Nelson Nelson & Lawless

Garnishment is done per court order for payment to someone who has a judgment against you.

Sounds like the company is deducting losses or costs from your pay that they claim you caused. Generally they may not do so without your authorization, and are not allowed to do so for your simple mistakes or accidents. They could do so to recover money you steal, or damage caused by your gross misconduct such as destruction of property.

You should object, demand full pay, and if they refuse, then you could file a lawsuit or a claim with the Labor Commissioner. If they are wrong to deduct this, and if they retaliate against you for making your wage claim, it would be grounds for a lawsuit.

If serious about getting legal counsel to help you in this, feel free to contact me.

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Answered on 5/15/12, 3:59 pm

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