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Can my boss take money from me if he "prewrote" my paycheck? Georgia

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  • Can my boss take money from me if he "prewrote" my paycheck? Georgia

    My boss has been out of the country for a few months now. He decided to prewrite our paychecks before he left but I have to wait until he returns to get my commission check. I'm wondering if he can withhold money from my commission for the days that I was out? It wasn't my decision to fill out the checks beforehand and I dont know the law about any of this. Would his decision make me, more or less, a salaried employee? My commission is not taxed income and, of course, my paycheck is, does this matter? I really need my money and I don't know if he has the right to do that. I'm sure he will try something though. I put in my two weeks back in September but he wanted me to stay until he returns, I consented. He is a pretty shady business man which is why I'm quitting. Also, he told me that I didn't get paid for my first full week of work because this is "training" but I never agreed to free training, he told me after the fact. I have already found out that he cannot do this and I will bring this to his attention when he returns... after I get the rest of the money owed to me!! I get paid once a month on the 1st, crazy I know, and I'm also thinking he will not pay me for for the few days after the first when he returns to "pay back" the days I wasnt here.

  • #2
    Your post is hard to make sense but let me see if I can tackle some of it.


    I'm wondering if he can withhold money from my commission for the days that I was out?

    It sounds like you got a pre-written paycheck where you were paid for too many days because you were out of the office. Do you have a paid vacation time/sick time policy at your company? If not, as an exempt employee, you should be paid in full for any week you worked, even if it was just part of the week. If you were out for an entire week, then he does not have to pay you for that week. If you are a non-exempt employee, then he can deduct for those days or ask you to pay them back.

    My commission is not taxed income and, of course, my paycheck is, does this matter?

    Commissions from your employer are taxable income. Hopefully these amounts appear on your W-2. If you are not paying tax on these amounts, and your boss is not paying tax on these amounts, then both of you are wrong. Either way, if he can deduct those missed days from a check, commission vs. wages should not matter.

    I'm also thinking he will not pay me for for the few days after the first when he returns to "pay back" the days I wasnt here.

    So confusing. I am trying to understand what you mean, but I am guessing that if you took off 3 days last month but got paid in full, then he returns on December 3 and you make that your last day, you're thinking he won't pay you for those 3 days because you still owe him for the days you didn't work? See my answer above re: exempt and non-exempt. Make copies of your time sheets now and take them home with you. If your boss does not pay you for days worked, you can ask him to clarify why. If you disagree and he still won't pay, you can file a wage claim with the DOL.

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    • #3
      I know it probably was a little confusing I was a little rushed and typed it all very fast and didnt get to proof my post before I sent it. Sorry. First, let me thank you for your response. Maybe I can clarify some things... maybe not. To be honest I'm not sure if I'm exempt or non-exempt. My whole hiring process was very strange... my boss wasn't really around when I was hired and nothing was discussed until AFTER I started... not even my rate of pay. THIS IS TOTALLY MY FAULT AND I KNOW THAT NOW. I was just so thankful to find a job, any job, that I took the first thing I could get. I asked for a certain amount of pay and my boss told me he'd give me what I asked for BUT he might start me a little lower until I proved myself. So I wasn't too concerned until he dropped a bombshell on me that he was only going to pay half of what I asked for. And he wasn't paying me for the first week I worked because this is "training" and he doesn't pay for training. I was shocked! From that moment I knew I was going to leave because I can't support myself on what he pays... Oh and my pay has not increased at all.
      My problem is that he left the country and wrote the paychecks beforehand, this is not my problem, infact, I told him not to because I have had to pick up a second job to support myself and I made him aware of this and that my schedules may conflict. So there has been a few days I've missed due to this and I'm concerned that when he gets back he will try to take money out of my commission. My boss is a foreigner and not very business savvy as far as American standards go. So I actually get paid through personal checks. Another thing that raised concern with me and led me to be suspicious of his ways. My commission, I don't believe, is taxed. I say this because I am told I get a certain amount per contract I sign and no money has been taken out for taxes. At least that I'm aware of. I think there are definitely some shady practices going on. Actually I found out that he is not truthful with his insurance company either. We are a Taekwondo school and he lies about the number of students in attendance, may not be illegal but definitely unethical and if insurance finds out they will drop his coverage. It is things like this that make me uncomfortable and not trust him. Plus the fact that he uses three different names/aliases to conduct his business. Anyway, I digress, I was just wondering if he could withhold that money from me but from what you said I think it would be within his rights to do so? That really stinks but oh well what can you do... Thanks for all your help it is greatly appreciated!

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      • #4
        This is not really related to your question, but you said he lies about the number of students attending the school. Does he overstate or understate?

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        • #5
          If the paychecks were written in an amount that paid for days that you ended up not working, why shouldn't you have to pay that back?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            To Caryn: He understates the amount of students.... BIG TIME like by 75%! Each school has over 300 students and he says they have 50.

            To Patty: Yes I guess youre right. I just feel that I have been taken advantage of in so many ways. I feel like I never got what I was promised... which is why I'm quitting. Thanks
            But he does still owe me for the first week I worked in August plus that week he worked me like a dog I had, by far, the most hours that week than in any other week thus far. I now know that this is not legal in the state of Ga. and he has to pay me for that for several reasons under the law. SO I think I will just tell him to take the amount of hours that I missed out of that week and pay me what he owes me.

            I just really feel cheated and a little bitter... I have since that first week. Just did him a favor by staying on until he comes back into the country next month so his school wouldn't be without a manager. I feel like I've done a lot for him and his school and I keep getting the short end of the stick... Oh well what can you do?

            Thanks again for the replies it's greatly appreciated... Keep em coming if you'd like

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            • #7
              Okay, let's talk about paying in arrears.

              On your first paycheck, what was the pay period ending on the paystub and what was the paydate?

              What was your first day worked?

              How often are you paid?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Thats the thing I get paid in a check that is like a personal check but it has the school's name on it. But no paystubs or copy for my records after I cash it BUT... I started on the 3rd of August and worked through August 7th and he told me that following Wednesday the 11th that I would not be getting paid for that week because it was considered my "training" and he doesn't pay for training, in fact, he said he makes most of his employees "train" for two months!! But he "would do special for me" and only do one week training. I can't believe other employees actually agree to this, unless he strong arms them like he did me and not tell them until afterwards. But I am also the only American that works for him so maybe I am the only one who knows this isn't the way things are supposed to operate. Also he said at the beginning that he would evaluate me to determine my starting rate of pay. Again, I wasn't worried because I asked for a certain amount and was told I would get what I asked for soon but then that Wed. he told me he was starting me out at half of what I asked for! Then was upset that I had to work two jobs... smh.
                So to answer your question I got paid for 8/9/10 - 9/1/10, that's another thing we only get paid once a month, on the 1st. None of my paychecks have been correct I always have to go through a big to do with him and his wife to get my correct amount. It's usually about 200-300 dollars short. I'm just frustrated beyond belief and obviously unhappy here... can't wait to get out!!!
                Thank you Patty for all your help any additional feedback would be appreciated just want to make sure I don't get dooped... again!

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                • #9
                  Correction: My first paid date was 8/11/10... just looked through my organizer and saw that. Sorry

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