Employment Legal Help There are many different forms of wage theft. If an employer deducts too much for taxes, then the problem should be corrected. If the employer doesn’t promptly take care of the issue, then it may be considered as wage theft and you may be able to take legal action. You should maintain thorough documentation and evidence to support your claim and to show your deductions. Talk with an employment lawyer about your situation, so you can make sure your claim is handled in a timely manner.
You should always notice your paystub and make sure you are paid for all the time you worked, and you should pay close attention to any and all deductions. There are only specific things that can be deducted, and you must give permission for those deductions to be made.
Deductions That Are Permitted
There are only certain deductions that are permitted from a paycheck. There are laws in place to protect employees and to ensure that they are properly compensated for their work. Here are a few of the things that are legally deducted from your paycheck:
- Taxes – state and federal
- Social Security taxes
- Court ordered wage garnishment, such as child support, alimony, or Chapter 13 bankruptcy payments
Employers need your permission as the employee to take anything else from your paycheck. To take anything else out of your check, such as payments for a loan or insurance coverage, they must have your permission. All these deductions must be properly documented, and the approval must be kept in your employee files.
There are some popular opt-in deductions for employees to have deducted from their paychecks. Often insurances, such as medical insurance, dental insurance, and vision insurance, life insurance, disability insurance, and pension and retirement programs are deducted from the employee’s paycheck. Of course, these deductions are with the approval of the employee and involve the employee signing up for the specific program and asking that the deduction be made.
What Should You Do If Your Employer Is Deducting Your Paycheck?
If you notice unusual or unexplained deductions on your paycheck, you should address them with your company’s human resources department. You should pay attention to your paystubs and look to see if there are any new or unexpected deductions to your check. Be sure to keep records of how much is being deducted from the paycheck and when it started. You will want to clarify what the deduction is for, and you will want to ask for proof that you authorized the deduction. If they cannot clarify what the deduction is for, or if they cannot prove that you authorized it, then they should reimburse you for the wages that you lost.
Speaking With An Employment Law Attorney
If you have had too much deducted from your check, or if you have had unauthorized deductions made from your check, you should consult with an employment law attorney who is licensed in your state. With the help of an attorney, you are much more likely to have a successful claim and recover compensation for your damages.
When you enlist the help of an employment law attorney, you will not have to pay anything out of pocket. There are very few things that can be deducted from your paycheck, and your employer must have your permission to make these deductions. Your attorney will know if the deductions on your paystub are legal.
Your attorney will be able to review the details of your claim and gather supporting evidence and documentation so he or she can build a strong case in your support. When you hire an employment law attorney, he or she will be familiar with the federal and state laws. Because these attorneys work on a contingency basis, you will not have to pay anything upfront or out of pocket. Instead, your lawyer will not be paid until you win your claim and you recover compensation through a judgment or a settlement.
There is a statute of limitations, or a time limit, for pursuing a claim against an employer if they took out too much for taxes and deductions. To make sure your claim is underway in a timely manner, complete the Free Case Evaluation Form on this page and have the details shared with an attorney in your state who handles such cases. With a lawyer representing you, you are much more likely to recover the wages that you lost to this form of wage theft.