An employee decided she didnt want to work here any more. She has three uniforms and signed a paper saying she would return these to us or have the price subtracted out of her last pay check. She has not returned the uniforms and today is pay day. The total she would owe is $60 and the check is only for $60.17. Can I hold this check til the uniforms are returned? Or should I just cut her another check for 17 cents?
Beware. Many states have different laws regarding what an employer may or may not deduct from an employee's paycheck and many of the penalties for violating these laws are stiff. For example, in Oregon, an employer may not withhold a final paycheck or make deductions from an employee's paycheck for employer required tools or uniforms - and contracts signed by an employee allowing such a deduction are not permitted. You need to check the wage deduction statutes in your jurisdiction before you withhold the paycheck or deduct the amount of the uniforms from the paycheck to see if it is allowed.
This response is not legal advise - you should consult with an attorney regarding your own personal situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline