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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10645
Experience:  30 years experience corporate, litigation, international
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I am a small business owner. My office manager has now been

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I am a small business owner. My office manager has now been caught writing herself checks and using the corp credit card for personal expenses. (pure bred dog, football tickets)
I did not fire her or have her arrested. She admitted guilt albeit with an attitude of entitlement "for all the things I've done for you and your family". She has continued working but with an attitude and demanding to receive her biweekly paycheck before 2pm on Friday. I work at another job that does not allow me to respond at her beckoned call and I told her I would have her check in the office the next day.For this, I received a phone call yelling and accusing me of harming her children for not allowing her to buy food.
Question. I am firing her immediately. Can I with hold her paycheck or part of her paycheck as repayment for the monies already taken? She is paying me back $11K. So far one check for $150 and she asked me to keep $150 from this check.
Submitted: 7 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 7 years ago.

If you do not have a written agreement authorizing the withholding for the debt covering what happens if she is terminated or leaves, you should not withhold more than the $150 already agreed to. There are significant restrictions on making wage deductions under the FLSA. If you want to push the envelop a little, you can withhold so much of the check such that the amount she receives in gross pay is not less than the minimum wage per hour. You will probably have to sue her for the balance of the funds she owes.


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