California Employment Law
California Employment Law Questions Answered by Legal Experts
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Unfortunately, if you want to keep yourself from having to pay him a waiting time penalty you will have to cut him the check. If you do deduct and withhold, he will be entitled up to 30 days of his daily wages in a waiting time fee which you would end up having to pay to him. As for charging him, you absolutely can cause him to repay the cost of the damage. However, this cannot come out of his paycheck. You will have to file a lawsuit against him (small claims likely) where you will be able to recoup your damages.
Here is an exact statement set out by the DLSE which sets out the law specifically
To file a claim in small claims for destruction of property, you would file in a court of competent jurisdiction in the area where the damage took place.
Here is more information concerning the waiting time penalty I mentioned:
More information about how to file a small claims case can be found here:
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