Unjust payroll deduction

This is a discussion on Unjust payroll deduction within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; My husband recently had an issue with his payroll that we are trying to figure out is legal. He works ...

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Old Apr 26th, 2011, 11:06 AM   #1
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Angry Unjust payroll deduction

My husband recently had an issue with his payroll that we are trying to figure out is legal. He works for a family owned business. He made an agreement with the owner's son to pay him for a product that had nothing to do with the establishment. My husband was off work for several reasons due to family issues. As a result, his pay was shortened a great deal. On top of this inconvenience, the owners deducted money for the son from my husband's payroll without consulting it with him. Never was payment for the products a stipulation of my husband payroll. What can we do legally about this issue?
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Old Apr 26th, 2011, 11:39 AM   #2
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Default Re: Unjust payroll deduction

I wish to inform you that your husband may give a notice to his employer regarding deduction made from his salary. In this regard your husband may show terms of agreement and clauses which have been breached and also demand unpaid amount from his employer. If his employer refuses to pay then a lawsuit can be filed or alternatively a complaint can be filed with Department of Labor. An employer must provide salary as per agreement between parties.

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Old Apr 27th, 2011, 10:11 AM   #3
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Default Re: Unjust payroll deduction

That is not legal.

The firm cannot deduct payroll for a third party debt--no matter who it is, without a court order.
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Old Apr 27th, 2011, 04:16 PM   #4
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Default Re: Unjust payroll deduction

Every employer, family or not, has an obligation to pay a person the wages they are due. You asked what can you do about the wrongful diversion of your husband's pay? The Department of Labor oversees violations of which this appear to be a clear one -- not paying your husband his wages due. You can also seek private counsel.

Here is the link to the laws:

Labor and Employment Laws of the Fifty States, District of Columbia and Puerto Rico ... U.S. Department of Labor (DOL), Wage and Hour Division ...
topics.law.cornell.edu/wex/table_labor
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