Legal Question in Employment Law in Massachusetts
Withholding from last wages
We have an employee who has been reimbursed for hotel accommodations in which he didn't already pay (as sooon as we found out, we stopped paying the lodging portion unless receipt had a paid in full from the hotel owner). Anyway, my question is, if the company was to pay the hotel directly (which would in theory equal a double payment from the company, 1 to hotel and 1 to employee) is it legal to withhold the previously paid expenses from the employees last paycheck. There won't be enough $ incurred on expenses to deduct from his expenses.
1 Answer from Attorneys
Re: Withholding from last wages
The risk of liability for non-payment of wages is too high to rely on an e-mail answer to your question, and you should probably find a good employment attorney in your area to handle this situation.
Generally speaking, however, there is no excuse to withhold payment of an employee's wages. Improper withholding of wages subjects you to automatic 3x the amount of the wages withheld.
Please feel free to contact me if I can be of any further assistance.
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