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Payroll deduction because of employer's mistake California

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  • Payroll deduction because of employer's mistake California

    Hi There--

    My previous position within the company I worked for made me eligible for a pay rate higher than just hourly on days that I took off from work. In other words, I was previously entitled to commission, and as a result was compensated for hourly pay plus average daily commission. My position eliminated and turned in to a new position that, unbeknownst to me, made me ineligible for this higher rate of paid time off.

    When the time came to get our annual bonus, I was the only one who did not receive this bonus. I was told this was because I had been overpaid for the days I took off from work. As any fifth grader could have calculated...the eight days I took off from work and the two extra dollars I was paid for each hour I took off did not calculate enough to completely obliterate the bonus.

    They eventually agreed to pay the bonus less the amount I was "overpaid". My question is, I've been reading that in California, if the mistake is made on the part of the employer that they cannot lawfully deduct this amount from my checks. Is this true? I did bring this up to someone from work, however, they informed me that we signed something saying they can deduct overpayments from future checks...is this possible?

    Thank you!

  • #2
    What you are not seeing is that you received your bonus throughout the year not in a lump sum.

    Also keep in mind that a bonus is just that...a BONUS, not part of your regular pay.
    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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