How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1811
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
69271599
Type Your California Employment Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

I am a small business owner, and as part of our employment

Customer Question

I am a small business owner, and as part of our employment process, we do background checks on our employees. Our employment agreement with them, which they all sign, states that if they voluntarily or involuntarily leave our company within 90 days of signing the agreement, we are authorized to deduct the cost of the background check (approximately $75) from their final paycheck. We have three employees who are due to be paid today, and the question I have is whether I am able to deduct that charge from their paycheck.
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 :

Welcome to the chat


 

Employment-LawExpert :

I just want to make sure that you are in California before I give you the answer to your question.

Customer:

Yes, hello

Customer:

Yes, I am in CA

Employment-LawExpert :

Legally, you are not allowed to deduct that charge from their paycheck. More about this can be found in Labor Code Section 2802.

Employment-LawExpert :

The DLSE also has a website which outlines the exact requirements for what you may or may not deduct.

Customer:

Even though they signed our agreement which specifically authorizes us to do so?

Employment-LawExpert :

If you give me a moment, I will find you the link.

Employment-LawExpert :

Correct

Employment-LawExpert :

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

Employment-LawExpert :

This kind of a charge would be considered a business expense, which as you can see, any deduction for this expense would be deemed unlawful.

Employment-LawExpert :

This would result in payment to the employee of the amount, as well as a waiting time penalty levied against you.

Employment-LawExpert :

I realize that this is not what you wanted to hear, and you may even have friends in the industry who do the same thing to their employees. But it does not make the action lawful.

Employment-LawExpert :

And it would be unprofessional of me, and unfair to you, to provide you with anything less than the truth.

Customer:

Thanks, XXXXX XXXXX I wanted to check before doing it. In other states, it appears that this clause can be enforced, but it seems that CA has already regulated against this. I appreciate your honesty. The last thing I want is a ruling against us. In the future, I'm going to have the employees pay for their background checks up front and then I'll reimburse them when they stay with us for 30 days or more.

Employment-LawExpert :

That would definitely work. Have I fully answered your question today? Please do not hesitate to ask any follow up questions you may have.

Customer:

I think that's all. Thank you for your help.

Brandon, Esq., Lawyer
Satisfied Customers: 1811
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.