Orange County wage deduction lawyer

Wage Deduction for Employee Damages

It is not permissible under California law for an employer to deduct wages from an employee’s earnings to compensate the employer for damages caused by the employee’s negligence.

Debts

An outstanding debt owed by an employee to their employer cannot be deducted from their paycheck. This deduction is also not allowed to be taken from a final paycheck, even if a signed agreement has been established between the employee and employer to pay the debt in this manner.

When Deductions Can Occur

If damages due to gross negligence, willful misconduct, and dishonesty are accrued, an employer is entitled to recover for these damages by taking them the employee’s wages. This practice, however, is quite complicated due the nature of proving that someone’s actions were grossly negligent. These issues are best handled in a small claims court.

Employee’s Rights

In the event that your employer deducts from your earnings, you have the right to contest such action. In a small claims court they will be required to provide proof that you:

• Caused damage in the form of shortage, breakage, or loss
• Did so by means of gross negligence, willful misconduct, or dishonesty

If your employer is incorrect about the amount that they recovered from your wages, you may also challenge this in a legal proceeding.

Contact an Orange County Wage Deduction Lawyer

If you have had your wages withheld by your employer to compensate them for damages, you may be entitled to have your wages paid back. Contact Orange County wage deduction lawyer Perry Smith at 888.356.2529 for a free initial consultation.