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wage garnishment texas Texas

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  • wage garnishment texas Texas

    Company garnished my son's check because of missing deposit without proof. Is this legal in the state of texas?

  • #2
    Originally posted by lez
    Company garnished my son's check because of missing deposit without proof. Is this legal in the state of texas?
    We need alot more information then that. What kind of missing deposit? Was the money just deducted out of his check by his job, or was there a court ordered judgement (garnishment)? If a judgement was made to garnish, then the judge felt there was enough proof to issue the garnishment.

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    • #3
      wage garnishment texas

      Actually, my son is/was Manager at a restaurant. He had been with this company for 3+ years. He was closing manager, and had placed the deposit in the safe. The following day the deposit was seen in the Safe around 3:00pm the following day by another manager. When they went to make the deposit on Monday that particular deposit was not there. There were alot of managers on duty in between him placing it in the safe and when the deposit was to be made. The decision was made that it would come out of all managers checks, no investigation, no police report; it was just assumed it was the managers responsibility to pay this back (?) Longer story short...it just happened a few weeks later another company offered my son a job, he took the job, gave his 2 weeks notice and when he got his next check they had only paid him for 1 week instead of 2, which was a deduction for part of the missing deposit, yet they had not started taking it from the other managers checks! Well, there you have it...probably too loooong of a post... :-) It just shouldn't be "right" to do this to someone who has treated this restaurant as his own all these years!!! Besides the fact that he was barely making it on his 2 week salary let alone having to pay back money he didn't take!!!

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      • #4
        I don't think that it is right either. Unless it is stated in a contract (even then probably not), a job does not have the right to deduct money from a persons paycheck. If they think he took it, they could have fired him, and sued him for it back, but I imagine that the other senior members here, like Pattymd, and CBG, would agree, they should not have taken it. I would contact your states Department of Labor, and file for the wages that were taken.

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        • #5
          wage garnishment texas

          Thanks for the reply and your thoughts!

          It is my understanding that upper management does not "really" believe any of the managers took the money, just that it happened and it's their checks the money is coming out of. They should have given lie detector tests or something, I would think anyway...and my son told them they could/should do this...it wasn't a huge amount of cash, but it's certainly the principal here, and the fact that this will set him back now without the pay and the fact that he worked those hours (PLUS!) he should be paid. They are not paying him for a weeks worth of vacation he had due him either! We saw this coming a long time ago though; with the way the company was handling other business situations.

          Thanks again...

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          • #6
            Originally posted by lez
            Thanks for the reply and your thoughts!

            It is my understanding that upper management does not "really" believe any of the managers took the money, just that it happened and it's their checks the money is coming out of. They should have given lie detector tests or something, I would think anyway...and my son told them they could/should do this...it wasn't a huge amount of cash, but it's certainly the principal here, and the fact that this will set him back now without the pay and the fact that he worked those hours (PLUS!) he should be paid. They are not paying him for a weeks worth of vacation he had due him either! We saw this coming a long time ago though; with the way the company was handling other business situations.

            Thanks again...
            Just so you know, I don't think that they have to pay him for untaken vacation, unless it is written in a contract that they will.

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            • #7
              wage garnishment texas

              Yeah, we figured that and had accepted it dealing with the kind of people involved here.

              Oh well, on to bigger and better things, right? I told him, his success will be the best revenge! It's just hard to sit back knowing your child, and knowing all he has done for them, out of his dedication, reliablility, and good heartedness and then be treated like this.

              Have a good day!

              Comment


              • #8
                You too!!!

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                • #9
                  Improper deduction

                  Lez, if the situation is as simple as you say, and there is no indication that it is any more complicated, your son can file a claim for an improper deduction (unpaid wages) with the Texas Workforce Commission. It won't get him his money right away, but it's quicker than doing nothing.

                  The Texas Payday Law (Sec. 61.018) requires for an employer to deduct any portion of an employees pay, one of the following must occur:
                  An employer may not withhold or divert any part of an employee’s wages unless the employer :
                  (1) is ordered to do so by a court of competent jurisdiction;
                  (2) is authorized to do so by state or federal law; or
                  (3) has written authorization from the employee to deduct part of the wages for a lawful purpose.

                  http://www.texasworkforce.org/ui/lablaw/lablaw.html offers detailed information about the Texas Payday Law, and there is a downloadable claim form at http://www.twc.state.tx.us/ui/lablaw/ll1.pdf.

                  You probably don't want to call the deduction a garnishment, as that is a legal deduction made at the direction of a court or other administrative authority, which compels the employer to withhold an amount (generally a debt) and pay it over to a third party. What you describe is a deduction from wages, and it requires a written authorization of the employee.

                  As to the earned vacation, it is considered wages (vested to the employee) if it is required by a written policy of the employer, or a written agreement. If your son feels like he is entitled to it, he can include the amount in the claim.

                  The wage claim process isn't much for revenge, but it will get an employee the pay to which they're entitled.

                  Comment


                  • #10
                    wage deduction texas

                    Wow! Thank you so much for the information! I have sent the information you provided over to my son. Your reply was very helpful and will hopefully make it easier for him to talk to someone knowing there are laws out there to protect the employee.

                    Again, thanks to all who replied!

                    L~

                    Comment

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