Labor and Employment Law
Income Garnishment

Can an employer withhold money from your check if you work for a company that accepts checks for purchase and the check bounces but it was not your own check but one accepted from a customer?


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2007-05-09 13:47:52
2007-05-09 13:47:52

Nope. Illegal. He could get into big trouble. Even if you totally screwed up they can't take from your cheque. They could fire you for not following policy, but if you followed company policy they can't do a thing. The poster above is right. Get a lawyer or call the employment commission. The number will be on a poster near the time clock. This is very illegal. I work for a company that cashes checks and it would be wrong for them to pull it from YOUR check. If you cash a bad check they may write you up or fire you over it, but there should be no reason for them to take money from you.


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You can't. An employer may withhold FOR social security.

Generally not without a separate agreement that allows it. For example if the employee bought something through an employee purchase program.

Yes they can if they have a resonable cause.

Withholding means that employer is taking funds out of the check for taxes.

They cannot charge any fee for performing the required payroll functions of an employer. They are required to withhold. The amount they must withhold is also defined.

An employer can withhold not a penny of your paycheck without your prior written permission. Not fed taxes, not social security, not 401K or pension. And not money allegedly stolen. Employer pays you in full and then sues you for the theft.

He can for the day that you claimed to be sick.

It's not an option for him, by law, your employer MUST withhold these taxes from your pay.

Absolutely "NO". They cannot charge to withhold taxes. They can charge to withhold a garnishment if instructed by the court.

First your paycheck with your net take home pay (net pay after all deductions) that you have in your hand will not have anything withheld from it because it is issued to you after all of the necessary taxes and other amounts that the employer is required to withhold from your gross wages, salary, earnings, etc. When you have a employer you would NOT be a self employed taxpayer with that employer and the employer payroll department would be required to withhold all of the necessary taxes, and items that they have to withhold from your gross wages, salary, etc.

An employer must pay at least minimum wage for any hours worked. You should call a lawyer.

If the employer has a reason for doing this it could be possible. You could contact the labor board and ask them about this question.

The W-4 is used by your employer to withhold the correct federal tax from your income. You must fill it out and return it to your employer.

This varies from state to state. In Maryland, an employer must make an agreement with the employee to have deductions placed on the paycheck.

In most instances, yes. If you are referring to a wage garnishment a court order is necessary before the employer can withhold any funds.

That will depend on the employment laws in your state. You should consult an attorney in your jurisdiction.

Employers must pay workers at least the minimum wage for all hours worked, regardless of promised pay rate. SO an employer can withhold all but the min wage times total hours worked.

Social Security and medicare insurance amount of 7.65% will be withheld from your gross pay plus the other amount the employer payroll department will be required to withhold from your gross pay before they issue you your NET take home paycheck for the pay period. Then you will also have other federal income tax amounts and other items that your employer payroll department will be required to withhold from your gross earnings. You should ask the employer payroll department for the amounts that they will have to withhold from your gross earnings.

Yes. Form W-4 (Employee's Withholding Allowance Certificate) gives the information that your employer needs to calculate the correct amount of taxes (income, Medicare, Social Security) to withhold from your earnings. If you don't fill out a W-4 form, then the IRS requires your employer to withhold taxes at the highest rate, which is Single with no dependent allowances.

No. There is no possible method in which your employer can withhold this. The Government is the governing body for disability insurance. They issue checks for disability. If you are trying to get a workmens compensation claim, the company is not the issuing body either. The company has an insurance company that would pay these claims and again, the administering body is the Government. The employer is only responsible to pay you for when you are working. Compensation claims go through your state.

They can only hold it until the next regularly scheduled pay period you would have gotten paid.

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