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Employer garnishing wages for overpayment California

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  • Employer garnishing wages for overpayment California

    Without me knowing, my employer just cut $5000 NET PAY from my check "almost $7400 in gross" without even communicating with me at all. and when i questioned that, he said that they over paid me by $12,000 and they are garnishing it. I did Not know of this transaction because their payroll department is compalelty screwed up. and making mistaked left & right. So they hired a new Payroll manager which found this mistake and just took the money without any notice.

    The General Manager claims that he will forget about one of the 4 months, but still owe him $9000 ??????? so after the 5K he took, I will have to pay another $4000 next month. I have no freaking clue that this was happening ?????? And dont take me wrong, it's about 25% of each of my biweekly paycheck. But i have no clue about this "The statement was not clear for me, and it was DIRECT DEPOSIT, And the mistake was due to a clerical error not adjusting my new payplan. But combining both the old & the new.????? Is it legal for him in california to deduct this huge ammount at once ??? and Iam at will employment, propable after taking all this money, they will take the rest in the next 2 weeks paycheck then fire me ????????? Can he do that ??? Can i agree that he garnish ONLY $1000 Gross monthly from my paycheck and if i were to be fired sooner "which iam expecting to happen any minute now" Not collecting the rest and pay me my final check without Garneshing And also I want to take my money that they garnished now ??? Please advice.

  • #2
    If I can pick a nit, a "wage garnishment" is a type of court order. What you are talking about is not a garnishment, it is just a wage deduction.

    ------

    Past that, do you owe them the money or not? I have read through your post several times and I cannot tell based on what you have said.

    I am including a pointer to the CA deduction rules. I am going to suggest that you read through the rules several times and then maybe re-ask the question in reference to the CA rules (and whether or not you actually owe this money to your employer).

    CA deduction rules
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Re- Clarification

      Sorry, This happened to me today and i was owfully upset and couldnt gather my thoughts.

      The Facts are:
      1- I was not aware of the over payment for the last 4 months.
      2- There is evidence that their payroll system have issues. "double paying me couple of times, but they took it back automatically.
      3- YES, I do owe the money back, i found out that they were over paying me
      4- They deducted the money out of my paycheck.

      Questions:
      1- Is it legal to deduct a HUGE sum from my pay check all at once. without any expressed notice, written or verbal "Hardship to my financials"
      2- Can i negotiate to pay that back in 1 year maybe, 1K a month.
      3- Can Part of the negotiations be that they deduct it on a monthly payment as long as iam employed. And if i become unemployed because of them terminating me, I dont owe them anything anymore as long as my last paycheck get paid in full without deductions?
      4- If they decided to terminate me next week. And they deduct from the rest of my finalcheck. Can i get it all back since i dont have any kind of agreement with them.

      Thank you

      Comment


      • #4
        1- Is it legal to deduct a HUGE sum from my pay check all at once. without any expressed notice, written or verbal "Hardship to my financials"
        Maybe. Please note that you are keying on things that are not mentioned anywhere in the rules I gave you. For example, you feel that "Hardship to my financials" is important. Maybe it is, but that is not actually one of the state of CA's rules.

        I am going to one more time suggest that you actually read the rules that I cited and phrase your question in terms of those rules. Any recourse you might have is a function of those rules. Period.

        2- Can i negotiate to pay that back in 1 year maybe, 1K a month.
        You can talk to your employer and propose this. The employer is not required to do so.

        3- Can Part of the negotiations be that they deduct it on a monthly payment as long as iam employed. And if i become unemployed because of them terminating me, I dont owe them anything anymore as long as my last paycheck get paid in full without deductions?
        Even if the employer cannot legally deduct the amount owed, the employer can always legally take you to court. If you are trying to find some CA law that lets you keep the overpayment if you are terminated, no such law exists. At best you have CA rules that limit the amounts that can be deducted from paychecks.

        4- If they decided to terminate me next week. And they deduct from the rest of my finalcheck. Can i get it all back since i dont have any kind of agreement with them.
        Same answer as before. There is nothing in CA law that says you get to keep money that never belonged to you in the first place. Your employer can always take you to court. At best your have restrictions on what the employer can deduct from paychecks.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Okay, since we don't seem to be able to play nicely in this sandbox, several posts have been deleted and the thread is being locked.

          For the record, I was not the only one who found Taurean's posts to be inapproriate since after I deleted them, an administrator came along and deleted them even more thoroughly than I had.

          Next time you want to advertise your website, Taurean, contact the administrators and pay the advertising rates. Pretending to respond to posts in order to have an excuse to post your website is not allowed.

          Anyone who wants to do so is welcome to NICELY bring to the attention of a poster that they have added to a dead post. However, anyone who objects to the tone of a post should bring it to my attention and let me do the reprimanding.

          Have we all got it clear, now?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

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