California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question. Employers may not deduct from an employee's earned wages, so the policy you are describing is an unlawful labor practice. That said, employers have no legal obligation to provide severance except in certain extremely limited and likely non-applicable circumstances involving mass layoffs at large companies.Thus, your employer is free to offset "wage deductions" against severance because the severance payments are entirely voluntary to begin with. Your employer could just as easily pay you no severance at all. What your employer cannot do is revoke the severance offer all together and then deduct from your actual earned wages. However, provided you are receiving all the wages you actually earned, your employer will typically be in compliance with the law even if they choose to reduce your severance based on a policy of deducting for unpaid accounts.I hope that makes sense. 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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
so even though I am not a terminated employee, meaning that no termination date is marked, he can take the money out of the pay he said that he would pay me. also, I forgot to mention that there was a pay schedule that they did with him on the past due and when he decided to let me go they wanted him to pay the account off in the entire which he did not have. they have also told the client that if he did not pay they were going to take it out of my pay. he had made his payments on time until that situation unfolded.