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We have an employee who used the company credit card for…

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We have an employee...

We have an employee who used the company credit card for personal expenses. He charged 2000. He had agreed to having the money taken out of his paycheck for the next 2 pay periods. We have since decided to terminate his employment. Can I deduct the money from his final paycheck (which will include both pay periods)

Lawyer's Assistant: What state is this in? And when did the issue begin?

Ca and we just found out yesterday about the charges and he had agreed they were his and agreed on the dollar amount he owed.

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

Full time and non union

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

He had mentioned only working until Tuesday and then quitting

Submitted: 5 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/20/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,040
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The amounts that were specifically authorized by the employee can be deducted. However, CA courts have held that "balloon" payments to pay of the remainder of a debt upon separation of employment are illegal, even if specifically authorized by the employee (hard to believe, I know, but CA courts are extremely employee friendly). So, the amount beyond what has been authorized would need to be recovered after paying the employee their wages. Hopefully, by way of a simple demand, explaining that you will have to sue if they don't immediately pay what they took from you, but if they don't then you'll have to file suit in small claims court. You can also report the matter to the police, although you cannot threaten to file a police report in order to gain leverage over the employee to get them to pay. That is extortion and itself illegal.

I know the above is tough to hear, but trust me, you REALLY don't want to mess with potentially unlawful deductions. If it is found by a court or the labor board that you deducted wages unlawfully, you will be liable to the EMPLOYEE for penalties in the amount of their average daily wage for each day up to 30 days. This could theoretically wind up being much more than they owe YOU. I know it's crazy, but again CA courts are extremely employee friendly and extremely protective of employees' earned wages.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 5 months ago
He agreed to take 1500 out of the first paycheck that will leave him with about 1000 and the 2nd paycheck he will get nothing. So am i better off having him work another week or two? to at least get back the 1500 I've turned off his credit cardFrom what he is saying he may quit next week anyway
Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago

Yes, you would generally be much better off having him work it off before letting him go, as this would avoid issues with potentially unlawful deductions. You of course want to make sure to ge the deduction authorization in writing.

I hope this helps. Again if there is anything more I can do for you just let me know. It's my pleasure....

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Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago

Are you still with me?

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Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago

I tried to be prompt in responding to your questions. Was there anything else I can do for you? Did we lose our connection?

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Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago

Can you please let me know if you are still receiving my messages to you? It seems as though we were abruptly cut off....

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