Announcement

Collapse
No announcement yet.

can company hold money after quit Utah

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • can company hold money after quit Utah

    i gave a 2 week notice to my employer and i have 3 escrows with the company there are 2 for claims and 1 for truck dramage , now the company telling me that they will hold the money upto 10 months so if there are claims they will get it from my escrow ,now my question is they can hold it by law or they can give me the money and if there are claims they can bill me for it .
    thanks

  • #2
    Hard to say. If we are talking federal law only (FLSA) then deductions cannot impact minimum wage or overtime, but can quite possibly lay claim to the rest. I have no knowledge on your state specific rules (if any).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Utah wage deductions:

      Deductions from Wages

      An employer may deduct from an employee's wages the following so long as the deduction
      meet the specified criteria listed below:
      - cash shortages (Item K below)
      - breakage, damage, or loss of the employer's property (Items G and J)
      - purchase of required uniforms or clothing (Items L and M)
      - required tools (Items L and M)
      - other items necessary for employment (Items L and M)

      34-28-3(5): An employer may not withhold or deduct any part of an employee's wages,
      unless:
      - permitted or required to do so by court order, state law, or federal law.
      - the employee consents in writing,
      - the employer presents evidence that in the opinion of a hearing officer or an adminstrative
      law judge would warrant an offset, or
      - the employer withholds or deducts wages as a contribution to a contract or plan
      established by the employer pursuant to Section 401(k), 403(b), 408,408A, or 457 of the
      Internal Revenue Code and the employee has not affirmatively elected not have the
      deduction. An employer must notify its employees of their right not to participate in such a
      plan.

      610-3-18 - An employer may deduct the following items from wages due an employee:
      A. Sums deducted from wages pursuant to the Internal Revenue Code or other Federal tax
      provision;
      B. Sums deducted from wages pursuant to the Social Security Administration Act and
      Federal Insurance Contribution Act;
      C. Sums deducted from wages pursuant to any Utah city, county, or state tax;
      D. Sums deducted from wages as dues, contributions, or other fees to a labor, employee,
      professional, or other employer-related organization or association; and sums as
      contributions for an employee's participation or eligibility in a health, welfare, insurance,
      retirement, or other benefit plan or program, provided that the:

      1. Employee has granted written authorization for the deductions; and
      2. Deductions shall terminate upon the written revocation of the authorization;

      E. Sums deducted from wages as payments, repayments, contributions, deposits, to a
      credit union, banking, savings, loan, trust or other financial institution, provided that the:

      1. Employee has granted written authorization for the deductions; and
      2. Deductions shall terminate upon the written revocation of the authorization;

      F. Sums deducted from wages as payment for the purchase of goods or services by the
      employee from the employer, provided that the:

      1. Employee has actual or constructive possession of the goods or services
      purchased; and
      2. Employee's purchase is evidenced by the employee's written acknowledgment;

      G. Sums deducted from wages for damages suffered by the employer due to the
      employee's negligence:

      1. A potential deduction shall meet the following pre-conditions:

      a. negligence and damages arise out of the course of employment;
      b. employer has not received payments, compensation, or any form of
      restitution for the same monetary loss from an insurer, assurer, surety, or
      guarantor to cover the injuries, losses, or damages;
      c. offset is reasonably related to the amount of the damage; and
      d. damage is over and above wear and tear reasonably expected in the
      normal course of business.

      2. Methods of determining an employee's negligence and amount of damage are:

      a. by a judicial proceeding;
      b. by an employer's written and published procedures coupled with an
      employee's express authorization for the deduction in writing; or
      c. by any other provision allowed or required by law pursuant to Section 34-
      28-3(5).

      H. Sums deducted from wages, in the proper amounts, for enforcement of a valid
      attachment or garnishment shall be honored by the Division;
      I. Sums deducted from wages as repayment to the employer by the employee of advances
      or loans made to the employee by the employer, provided that the:

      1. Advance or loan to the employee occurred while the employee was in the employ
      of the employer; and
      2. Employee's receipt of the advance or loan is evidenced by the employee's written
      acknowledgment;

      J. Sums deducted from wages as a result of loss or damage occurring from the criminal
      conduct of the employee against the property of the employer, provided that:

      1. The employee has been adjudged guilty by a judicial proceeding of the specified
      crime committed against the property of the employer;
      2. The crime occurred during the employment relationship or out of the employment
      relationship; and
      3. The property of the employer cannot or has not been reunited with the employer;
      or
      4. The employee willfully and through his own admission did in fact destroy
      company property. An offset against the earned wages may be allowed at the
      hearing officer's discretion.

      K. Sums deducted from the wages resulting from cash shortages, provided that the:

      1. Employee gives written acknowledgment upon beginning employment that he or
      she shall be responsible for shortages;
      2. Employee shall at the beginning of his or her work period be checked in or
      verified on the register or with the cash amount by the employer in the employee's
      presence and give written acknowledgment of the verification;
      3. Employee at the end of the work period be checked out or verified on the register
      or with the cash amount by the employer in the employee's presence and give
      written acknowledgment of the verification; and
      4. Employee be the sole and absolute user and have sole access to the register or
      cash amount from the time checked in under Subsection (2) until the time checked
      out under Subsection (3);

      L. Sums deducted from wages as payment for the purchase of goods, tools, equipment, or
      other items required for the employment of a person, provided that the:

      1. Employee's purchase and receipt of the items is evidenced by a written
      acknowledgment;
      2. Employee has actual or constructive possession of the goods or items; and
      3. Employer repurchase the items from the employee at the employee's option upon
      the termination of employment at a fair and reasonable price;

      M. Sums deducted from wages as payment for goods, tools, equipment, or other items
      furnished and assigned to the employee by the employer, provided that:

      1. The item was assigned during the employment of the employee;
      2. The employee gave written acknowledgment of the receipt of the item; and
      3. The item was not returned to the employer upon termination.

      Utah Code 34-28-3; UT Admin. Code 610-3-18

      Uniforms, Tools, and Other Equipment Necessary for Employment
      Where the wearing of uniforms is a condition of employment, the employer shall furnish the
      uniforms free of charge. The term "uniform" includes any article of clothing, footwear, or
      accessory of a distinctive design or color required by an employer to be worn by
      employees. An article of clothing which is associated with a specific employer by virtue of
      an emblem (logo) or distinctive color scheme is also considered a uniform.

      The employer may request an amount, not to exceed the actual cost of the uniform or $20,
      whichever is less, as a deposit on each uniform required by the employer. The deposit
      must be refunded to the employee at the time uniform is returned.
      UT Admin. Code 610-3-21

      Medical or Physical Exams, including Drug Tests, Required for Employment
      An employer may not require an employee or applicant to pay for any physical examination
      required as a condition of employment. Utah Code 34-33-1
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment

      Working...
      X