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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27619
Experience:  Former judicial law clerk, lawyer
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I'm need legal advice on how much an employer can take from

Customer Question

I'm need legal advice on how much an employer can take from your check
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: This is a bank that I work for part time, I took out a loan about 3 yrs ago (cattle), and I was just renewing it every year, about a year ago, we set up a loan payment that they would take out a $100.00 a month on the 1st, At the beginning of this year I borrowed $600.00 on a 60 day not till income tax came in, but other things happened, well in June 1st they took all my check except a $100.00, then on the 15th of June they tool all my check, which I was ok with, now come July 1, they took all my check again to start paying on that loan we had an aggreement on of $100.00, now they say they are going to continue taking all my check to get the note paid off, can they do this?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago via EmployeeIssues.
Category: Employment Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

To take any money out of your check, your employer has to have something in writing where you authorized the deduction. They can't take loan payments out of your check just because you happen to work for them unless they can produce a signed piece of paper showing that you agreed to it. The amount they're allowed to take is based on whatever you've signed, but you can insist the HR department produce it.

Otherwise, they're in violation of minimum wage and overtime laws, and you can report them to the state.

https://www.ok.gov/odol/documents/WageClaimForm.pdf

If they had sued you and obtained a judgment, they'd be limited to deducting 25% of your post-tax wages. A creditor is never allowed to take your entire paycheck. You should also be aware that it would be a violation of federal law for them to fire you for filing a complaint due to the fact that they're not paying you. Your job is protected in this scenario.

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Expert:  Lucy, Esq. replied 4 months ago.

Do you have any more questions about this?