Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
What exactly is your concern in this matter? It is not illegal to give an employee cash advances without written consent. You would however want written consent to recoup the advances out of the employee's paycheck. An employer may only withhold an employee’s wages
when the employer is required by state or federal law, the employer has the employee’s prior written authorization, or there is a reasonable good faith dispute
as to the amount of wages due, including the amount of any counterclaim, reimbursement
, recoupment or set-off asserted by the employer.
If you are concerned merely that she'll sue you for not having a written consent for the cash advance, then you need not be concerned - that's not illegal. What may be illegal is if you were taking money out of her check without a written consent, and, even then, you could rightfully claim that there is a dispute that she owed you the money and you had a rightful claim to the money. The problem in this later scenario is that you'll have to prove you gave her the cash advances if she files with the labor
department - proof of your payments to her and payroll
records along with an explanation should easily clear that up however. I don't believe she'd have much of a chance at success in the matter given the facts.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.