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For breach of contract how much of your paycheck is the employer able to withhold from you at time of termination

Stockton, CA |

i was terminated for breach of contract for being in the hospital and unable to report to work 1 time in 7 years

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Attorney answers 1


This question as posed is legally undecipherable even if you do not mean it to be. What your employer can withhold from your paycheck for "earned wages" has nothing to do with breach of contract. If you worked, you are entitled to "earned wages" that are due to you. Period. the amounts that can be withheld are statuory - such as IRS withholding, FICA, SDI, etc. or amounts that you have agreed to IN WRITING.

Losing your job and being terminated under your contract is a different matter altogether and will depend on the terms of your contract. You will need to have an employment lawyer review your contract.