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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
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Experience:  Licensed Texas General Practice Attorney
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In Mississippi can an employer take back an electronically

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In Mississippi can an employer take back an electronically deposited paycheck because he wants part of a sign on bonus back that has no requirement in contract to pay back.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Mississippi does not have any specific law regarding deductions / withdrawals from an employee’s paycheck or whether an employee must provide written consent prior to any deduction, leaving employers to comply only federal law. However, MS Code §71-1-35 requires that employers with more than 50 employees pay non-exempt employees their full wages at least twice monthly. If the bonus was given without condition, then the employer could not retain the wages for work already done to get part of it back.

ScottyMacEsq :

You can threaten filing a complaint with the Department of Labor, as he cannot withhold these wages from you absent a written agreement allowing him to do so.

ScottyMacEsq :

Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid wages.

ScottyMacEsq :

If he still doesn't pay, Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you should be paid.

ScottyMacEsq :

The MS Department of Labor doesn't actually have a complaint process, so the best thing to do would be to file a small claims action against him, seeking that amount that is due to you.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: I read that federal law does not permit an electronically deposited check to be taken back the main corporation is in Louisiana but I work in MS
ScottyMacEsq :

While that is generally true, absent fraud or mistake (which he might have alleged) the fact is that you want to get your money. TO do so you would still need to sue the employer. Now you could also threaten filing charges against him for wire fraud, etc... but the key is that you actually want to get paid.

Customer: He called had another employee in hr call yesterday and ask if he could take the wages back and I said no. Yes, I do want to be paid but I Lso want to know if this is wrong
ScottyMacEsq :

This is wrong for him to do, yes.

ScottyMacEsq :

I'm not sure that I understand your follow up question though...

ScottyMacEsq :

You can complaint to the Louisiana Department of Labor:


Louisiana Department of Labor
Physical Address:
1001 N. 23rd Street


Mailing Address:


P.O. Box 94094
Baton Rouge, LA 70804 - 9094
Ph: 225- 342- 3111
Web: http://www.laworks.net/Workers.asp

Customer: The part regarding the tAke back of pay checks for my husband and I electro I ally. I think the department of labor says he cannot do that with or without permission. It is for deposit only.
ScottyMacEsq :

One moment...

Customer: Are you still there?
ScottyMacEsq :

Yes. I'm searching for that law / regulation, but I am not able to find it. While it's true that they can't stop payment on a check / etc... without good reason (that could be fraud / hot check law) I can't find authority regarding the "clawback" of an electronic chcek.

ScottyMacEsq :

(and what, if any, recourse there would be in such a situation)

Customer: That is what was done and on ask.com it said that the retrieval of a payche k kback is not allowed.
ScottyMacEsq :

Can you link to that page so I can see the context?

Customer: No I can't at get it to work. I am having a hard time typing. I can not see what is being typed.i
ScottyMacEsq :

I understand. Most likely it would require filing a complaint with the US Department of Labor, Wage and Hour division.

ScottyMacEsq :

They don't have a way that you can do that online, but you can contact your local office to do so: http://www.dol.gov/whd/america2.htm

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: It referenced USDept of Labor wage
Customer: And hour division
ScottyMacEsq :

That's what I said: "Most likely it would require filing a complaint with the US Department of Labor, Wage and Hour division. "

ScottyMacEsq :

Can you see what I had typed before and the link to the page regarding the field offices?

Customer: Yes, I just wish I could have shown you the portion that I read.
ScottyMacEsq :

I understand. Again, if it is actionable, it would be through the US Department of Labor, Wage and Hour division. The other things that I said about 30 minutes ago (demand letters, etc...) still apply to any amount withheld.

ScottyMacEsq :

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~35 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response or rating... Please note that rating this answer closes out this question and allows me to assist other customers that are waiting...

ScottyMacEsq :

Hello?

ScottyMacEsq :

Please respond. I am patiently waiting, but there are other customers that are awaiting an answer to their questions, and I only get credit for questions answered AND rated positively, not how long I spend on a question...

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting? PLEASE NOTE that it is required that you rate this to give me credit for the time (>40 minutes) and effort that I have spent on your question, as well as to close it out.

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~45 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer: I rated this answer twice
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