Can your pay be docked as punishment?

Answer 1

No, employers may not withhold earned income as punishment; employers must pay employees all wages that the employees earn. It is unlawful for employers to make any deductions from employee wages without legal authority or the written consent of the employee. ---- Unauthorized deduction routinely fall into two categories 1. Punishment for perceived wrongdoing 2. Compensation for damage 1. Punishment for perceived wrongdoing: There are many options available to employers as disciplinary measures. These measures often take the form of temporarily reducing future work hours and termination of employment. But, withholding pay that is already earned is illegal. 2. Compensation for damage Damage to company assets is considered a normal risk of doing business. Employers may not deduct replacement/repair costs from employee wages unless the employee agrees to those charges in writing. In cases when employees refuse to permit such deductions, the employer must go into court to prove the employee is responsible for repayment due to negligence or intent. But, proving the act was not an accident is difficult to do. ---- Authorized Deductions Employers do have the legal authority to subtract employee tax obligations. Employers must subtract court ordered garnishments, such as - child support. And, with permission from the employee the employer can subtract for uniform rental and various other charges as a condition of employment. ---- Important Consideration If the employer insists the employee agree to the deduction or face termination, it is most often in the employee's interest to refuse. Here is why: Most employers do not coerce repayment for damage, especially from valued employees. Demanding repayment for damages implies the employee's future at the company is uncertain. Why agree to have wages reduced when one is likely to be terminated in the near future for another trivial reason? ---- Strategy for Reclaiming Unauthorized Deductions If an employer does make unauthorized deductions, the employee is required to ask the employer to reimburse the unauthorized deductions, which the employer is usually required to do at the next regular pay date. If the employer refuses to repay the unauthorized deductions, the employee is usually required to request repayment in writing (send letter via certified mail to prove the request was made). If the employer still refuses, then file a wage discrepancy complaint with the state's labor department. States often have a division that deals specifically with wage claims. The state will pursue collection at no cost to the employee; and they are very effective.