Employment Law

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I'm need legal advice on how much an employer can take from…

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I'm need legal advice...

I'm need legal advice on how much an employer can take from your check

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you think the lawyer should know?

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?

Submitted: 2 years ago.Category: Employment Law
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Answered in 17 minutes by:
7/7/2016
Employment Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Employment Lawyer: Lucy, Esq., Lawyer replied 2 years ago

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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).

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