Employment Lawyers Can Answer Your Employment Law Questions
I would like to add this and see if it changes anything. I work in Erlanger KY, live in Cleves OH and my employer is based out of NY. Is NY law different? I also ran across this which states that it is now that I am in debt with my employer and is no longer a health insurance issue and they cant take money for debt without my consent?
2) Deductions expressly authorized by the employee in writing – Examples of deductions that an employee may authorize in advance include: premiums for life, health or disability insurance, contributions to pension or retirement plans, and other deductions made pursuant to voluntary wage assignments. However, the employee must authorize these deductions in writing. 1) No right of offset for employee’s debts to employer – An employer is prohibited from deducting payment of a debt that an employee owed to the employer. Permitting the employer to offset the employee’s debt from the wages will allow the employer to bypass the legal system, violating the law against “prejudgment attachment.” The employer has the same recourse as all other creditors – which is to get an order from the court to have the debt paid.However, an employee may authorize an employer to withhold some amounts owed by the employee to pay a debt to an employer. The employee must acknowledge the debt in writing. This is allowed particularly when the employee had been making periodic payments on an agreed-upon basis. But if the employee is terminated before the entire debt is paid, the employer may not “accelerate”the balance. Rather, the employer may withhold from the employee’s final paycheck only the periodic amount then due.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).