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I work at a motel and the other night due to a

Hello, I work at...

Hello, I work at a motel and the other night due to a misunderstanding I didn't charge a customer. My manager says that if the customers doesn't pay for his stay that the 400+ dollar bill will be taken from my paycheck which would be a third of my monthly pay. Does she have the right to do this?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

I told my manager that I didn't think it was fair, and there is no HR department. I have not spoken with a lawyer yet

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am at will

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

I only make minimum wage there

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Answered in 1 minute by:
5/17/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,125
Experience: Licensed to practice before state and federal court
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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.

What state do you live in?

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Customer reply replied 3 months ago
New York

Ok. NY has some specific paycheck deduction laws. One moment while I review...

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Ok, Section 193 of the labor code for NY says that an employer cannot deduct anything from your paycheck unless they have given you written notice to which you have agreed. Are you aware of whether you signed anything saying that this mistake could be taken from your check?

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Customer reply replied 3 months ago
I have not signed or even been presented any notice

Ok, if that is the case, then it is illegal for the employer to take this out of your check. If he does, you can contact the NY Dept of Labor and file a wage complaint against him.

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If you click here and scroll to the bottom of the page, you can see the nearest DOL office you can contact.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,125
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
No, that about sums up my issue. Thank you for your assistance

You bet!

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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.

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