Employment Law

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I work for a small dog walking business called wags I get…

Customer Question
Hello I work for...

Hello I work for a small dog walking business called wags I get nothing but great reviews from clients and a few months back they over paid me 300$ I don't have a lot of money and they wanted me to pay it back or they would take it out of my wages, for the payments I get walking the dogs for the following week. so I kept trying to reach finances and they ended up taking my earnings and deactivating me account. is this legal? can they just take my earnings without my permission?

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

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Basically it shows you on an app whenever a dog needs a walk near you so you choose that walk and go on it and get paid then at the end of the week get paid for all the walks you've done I told other employees to put in my notes that id rather pay them back the flat rate at least three times rather than garnish my wages but they still did. and terminated me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well their a pretty bad company all around that should be investigated by on my end no thats it

Submitted: 5 months ago.Category: Employment Law
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Answered in 1 minute by:
11/16/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,144
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks very much for your patience. An employer can lawfully withhold amounts from an employee's wages only: (1) when required or empowered to do so by state or federal law, or (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee's wages, or (3) when a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage collective bargaining agreement (e.g. a union agreement).

In short, in California, the Division of Labor Standards Enforcement (DLSE) views deductions from wages to recover overpayments to an employee as unlawful deductions under the law. You may want to consider a wage complaint.

You may want to consider just writing a formal demand letter that you have the money returned ASAP.. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me?

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Customer reply replied 5 months ago
well they overpaid me for a booking that happened two months ago and the finance department just now noticed and wants their money back
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

What they're doing is illegal. you should demand the money back and tell them that CA law prohibits them from taking anything back. What other questions did you have for me?

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