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California Termination Q, employee agreement California

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  • California Termination Q, employee agreement California

    I signed an Employee Agreement that states If I leave the Company within one year, I will reimburse the Company for education classes taken, that the company paid for upon termination. I am salaried, and was terminated, the Company deducted the cost of classes out of my final check, is this legal?

  • #2
    You would need to take the agreement that you signed to a local attorney for review to determine whether it gave the company the ability to deduct the costs of the classes from your last paycheck. Such an agreement is not at all unusual and not inherently illegal.
    I am not able to respond to private messages. Thanks!

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    • #3
      Actually, I wouldn't count on this being a legal deduction. California law is much stricter on this issue than any other state.
      http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

      It's likely that clause of the agreement is unenforceable, but I agree that a review of it by an attorney versed in California employment law (not just any attorney-this is a specialty) would be to your advantage.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Our policy is to request a check from the employee for reimbursment, as our lawyer instructed us to not do a final check deduction. The policy for us doesn't change whether the employee is hourly or salary.

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        • #5
          I would love to know the outcome of this matter. I am witholding my thoughts as I am not an attorney and that is definitely who needs to answer this question.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Originally posted by hr student View Post
            Our policy is to request a check from the employee for reimbursment, as our lawyer instructed us to not do a final check deduction. The policy for us doesn't change whether the employee is hourly or salary.
            That's fine, however if the employee refuses to comply with the agreement, you would have to bring a civil action, IMHO.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by hr student View Post
              Our policy is to request a check from the employee for reimbursment, as our lawyer instructed us to not do a final check deduction. The policy for us doesn't change whether the employee is hourly or salary.
              This would be the correct method of handling this situation in California. An employer may not withhold earned wages for any reason. Doing so subjects the employer to waiting time penalties for failure to pay all wages due at termination.

              Yes Patty, the employer would then have to bring a civil action to recover under the employment agreement.
              J.E.B. Pickett
              Wynne Law Firm
              California Wage & Hour Class Action Attorneys.
              877-352-6400
              www.wynnelawfirm.com

              Disclaimer: This response and any materials or content provided by this response are for general informational purposes only and should not be relied on or considered as legal advice. Under no circumstances does this informational response, directly or indirectly, establish or intend to establish an Attorney-Client relationship.

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