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Withold paycheck and/or make deductions other than taxes etc? Florida

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  • Withold paycheck and/or make deductions other than taxes etc? Florida

    I was working for an employer for 5 years. During special events, I woulld be given petty cash to use during the event to make purchases for supplies and equipment to support the event. After the event I would turn in receipts and cash left over.

    Just a week prior to an event, I terminated my employment with the company (I left on my own after a disagreement with management). I was a salaried employee, paid each week via check.

    Payweek ends on a Tuesday and employees are paid on Fridays.

    Several days before I left, I had been given petty cash (a small amount under $500).

    Can the employer withold my regular salried paycheck beyond the payday of Friday to insure that I turn in all receipts / monies? Can they reduce my paycheck and deduct those monies from my paycheck?

    The employer has refused to give me my regular paycheck.

    Thanks in advance.

  • #2
    Were you exempt or nonexempt (not all "salaried" employees are exempt)?

    Wouldn't it just be easier to do the accounting and turn in the receipts and return any unused cash? That should have been the last thing you did before your last day.

    Florida has no laws on this subject either way.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      1. You have no legal right to keep the $500.

      2. The employer cannot legally keep the paycheck, HOWEVER this is largely a state law issue, and your state basically does not care about what employers do to employees. FL does not have a DOL, meaning that you will have to take your employer to court, and your employer can almost certainly insist that the $500 be offset at that time.

      3. "Salary" is just a payment method. Meaning that if you are legally Non-Exempt Salaried you are under one of three sets of rules, and if you instead are Exempt Salaried, you are under a different set of rules. Deducting the $500 may or may not be legal under federal law, and may or may not be legal under FL law.

      Have you tried actually taking to the employer? If returning THEIR money and THEIR receipts which you have no legal right to what-so-ever will in turn cause them to release YOUR check, then that is the correct solution.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I very much agree with Patty...simply give the money and receipts back to your former employer so you can go on.

        Otherwise in my opinion you have been paid that amount (less than $500).

        This seems as though it is only an issue if you no longer have the money and receipts in your posession, is this the case?
        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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        • #5
          Thanks

          First off, thank you all for your replies.

          I am going to turn in the receipts. The event is not yet over, it has about another week to run out. I will end up spending some of my own money to support the event, I don't actually think I am going to have any issue getting that back, it was just seemed sort of like they were holding me "hostage" to my paycheck over something that should not be an issue.

          I have been employed there for 5 years, I have many friends there. My dispute is not too serious of one ( to be leaving employment). I just have some differences with one of the department heads and felt it was time to leave (there is no opportunity for advancement and pay cuts took place last year. I've had some other offers and also can go on my own and consult etc).

          The whole paycheck thing seemed stupid since even though I am not employed there any longer, I was still getting them thru a very busy time (being paid by someone else). I never have been someone to "burn bridges".

          FYI.. I have a set salary no matter now many hours I work. I am exempt from overtime as far as I know.

          Once again, thanks for your quick replies.

          Warm regards,

          B

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          • #6
            Wait a minute. You're still working the event? Then you're still employed. Something isn't making any sense here.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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