Can an employer take the last paycheck if taxes has been collected from it?

Question

I recently left my employment and I have to pay them back for some courses that I took over the summer. They want to take my last paycheck after taxes has been deducted from it and apply towards the amount I owe for the tuition. I live in the state of New York and my brother-in-law told me that what they are doing might be considered "theft" since they can deduct taxes from that last paycheck and take it from me. He said if they are going to take taxes then possibly to legal reasons they are obliged to hand that last paycheck to me. Does anyone know about this? If this is true, then I can file a complaint with the state's board of labor.

Answer 1

It depends on the companies policy and how public it is (regarding reimbursement). I worked for a crappy company that would take the cost of a course, then divide it by the number of months you worked after taking the course. If you quit 6 months after taking the course, you paid the 6 months balance.

It is not theft if the deduction were in accordance with their policy (and it probably is).

Suck? Maybe, but they have a right to recoup their expenses.

Answer 2

If they were to take the check pre-tax to pay for tuition then there would be nothing wrong. Since you are not actually getting paid, they can't deduct taxes from your check. If they are taking taxes out, that means they are paying you, and you should have the opportunity to sign the check over to them.
Have they done anything else that seems illegal? Sometimes people get so comfortable with their position that they forget the laws. You need to contact your attorney general and find out for sure, but from what it seems to me, it sounds like theft.

Answer 3

Why would that be theft?

How is that any differnt than giving you your paycheck (after taking out taxes) and then you cashing the check and handng the cash to them?

Of course they take out taxes. It was earnings paid to you. Then, they took outr what you owe.

The only thing they can pay you tax free are items elligible as cafeteria plans, etc. You paying back money you owe them is not tax free.

If it were, I'd "borrow" my salary every week ,then pay them back out of my check the following week. That sure would be sweet.

Sorry, but your argument makes no sense. They are doing nothing wrong. Your brother does not know what he is talking about.

The people below talking about taking your check are crazy. this is an employer deducting from your check or simply keeping it. They are not going to actually sign it and cash it. They will simply do an accounting trqansaction to move the money to the payable that you owe.

Answer 4

I am not 100% sure about this, so I would contact a lawyer for legal advice on this matter, but I do not think it is legal for any employer to withhold wages for any reason. If you work an hour, they must pay you for an hour, regardless of any amount owed to them for other reason. You earned that cash and it is yours to decide how it gets spent. If you owe them cash for the courses, the only way I can see them withholding it legally, is if it specifically states in the contract that they will take it out of your wages if you terminate your employment. Good luck and I hope you get it taken care of.

Answer 5

ABSOLUTELY ILLEGAL! Im from Ca. But regardless, no one can just take a check that is issued to you w/out you signing it over. Tell them that they have to give it to you and YOU will then pay them the money... if they fuss about it, just mention a lawyer and trust me, their tails will stay put between their legs.. They know what they're trying to do is wrong.

Answer 6

I would think that you are the only one who can sign that check .I would call someone who knows the law!

Answer 7

no of course not!