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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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We had to let a man go on the weekend and have him escorted

Resolved Question:

We had to let a man go on the weekend and have him escorted off property. A paycheck was not cut for him however, we were wondering if we can take out what he owes us or do we have to issue the check. We work at a camp. he had camp housing. the house that he was living in he gutted (tore the cupboards off the wall, and pretty much trashed because he wanted to rebuild everything. He didn't get permission for this. Can we charge him and hold his check? His check would only be one week at about $900. The house will cost thousands to repair. Thank you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

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.

Employment-LawExpert :

Here is an exact statement set out by the DLSE which sets out the law specifically

Employment-LawExpert :

http://www.dir.ca.gov/dlse/faq_deductions.htm

Employment-LawExpert :

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.

Employment-LawExpert :

Here is more information concerning the waiting time penalty I mentioned:

Employment-LawExpert :

http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm

Employment-LawExpert :

More information about how to file a small claims case can be found here:

Employment-LawExpert :

http://www.courts.ca.gov/1008.htm

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Does this fully answer your question?

Customer:

Yes. Thank you.

Brandon, Esq., Lawyer
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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