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wages garnished for broken equipment Illinois

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  • wages garnished for broken equipment Illinois

    A piece of machinery was accidently broken by a service tech, and now his boss is saying the $14,000 is going to have to come out of his wages... this seems totally wrong to me, is it legal?

  • #2
    damage to company property

    Generally speaking the employer would need written authorization to withhold monies from an employee's check for such damages. (This would not be considered a garnishment.)

    If the employee is considered exempt under FLSA, a payroll deduction is not even an option. DOL made this determination via an Opinion Letter (FLSA2006-7). You can google for the full text. This does not relieve an exempt worker from damages. It only relieves from the option of a payroll deduction.

    If the employee is non-exempt under FLSA, the employer would need written authorization to withhold from his pay check. Barring such an arrangement, the employer may *request* reimbursement for damages. If terms cannot be agreed upon, the employer would have to file a civil case to recoup damages.

    Also be cognizant that you may be fired for this infraction (i.e. damage to company property and/or safety violations). I just don't want you to be surprised should this happen.

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    • #3
      Thanks so much for the quick response, the information you provided was very useful!

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