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Docking an Employee's Wages

 
 
gollum
 
Reply Sun 2 Feb, 2014 08:11 am
If an employee makes an error that results in a loss by his employer, may the business dock his wages?
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Type: Question • Score: 5 • Views: 735 • Replies: 12
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roger
 
  2  
Reply Sun 2 Feb, 2014 02:57 pm
@gollum,
Not in New Mexico. Not unless the employee agrees to such a deduction. Now, if the employee does not agree, he might well be terminated for incompetence.
0 Replies
 
foreclosureus1
 
  0  
Reply Mon 3 Feb, 2014 11:27 pm
@gollum,
Yes.. he may.. however it is better to consult the legal expert.
0 Replies
 
trying2learn
 
  2  
Reply Tue 4 Feb, 2014 12:45 am
@gollum,
In WA, it is covered under RCW 49......

No, the business cannot deduct wages for an unintentional error.
0 Replies
 
Setanta
 
  2  
Reply Tue 4 Feb, 2014 01:43 am
It would be necessary to consult the department of labor in the state in which the business is located. In my experience, it is not legal. Even securing an agreement from the employee at the time they are hired would likely not be legal.
0 Replies
 
FOUND SOUL
 
  1  
Reply Tue 4 Feb, 2014 02:28 am
@gollum,
An employer runs a business with risks. Even the best of the best can not stop mistakes from happening. It's bully tactics in my opinion if an Employer attempts to seek compensation through non-channels . Most Employees have rights and there are systems in place in most Countries where employees can go to question those rights.

In my opinion if an Employer does this he/she is abusing the employee and using power that he/she does not have.

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OmSigDAVID
 
  0  
Reply Tue 4 Feb, 2014 02:46 am

I remember a NY case wherein an employee burned the place down.
Owner shut down the business and he began a new business elsewhere.
The incendiary employee sued for re-instatement,
alleging unlawful discrimination for failure to re-hire her.

Judge held for defendant.





David
roger
 
  1  
Reply Tue 4 Feb, 2014 03:04 am
@OmSigDAVID,
Sure. You can fire an employee for incompetence, playing with matches, or in most states, for no reason at all. She didn't get docked for the value of the business, did she?
OmSigDAVID
 
  0  
Reply Tue 4 Feb, 2014 03:07 am
@roger,
roger wrote:
She didn't get docked for the value of the business,

did she?
R those 2 questions ?
If I say yes or no,
how will u know which question I 'm answering?
roger
 
  2  
Reply Tue 4 Feb, 2014 03:17 am
@OmSigDAVID,
Did she get docked?
OmSigDAVID
 
  1  
Reply Tue 4 Feb, 2014 03:32 am
@roger,
No. neither docked nor sued

I m somewhat acquainted with a trial judge (retired now)
who ordered attorneys in his court never to ask questions cast in the negative
(nor any multiple thereof), for clarity on the trial record.
roger
 
  2  
Reply Tue 4 Feb, 2014 03:53 am
@OmSigDAVID,
He was correct, as are you.
OmSigDAVID
 
  0  
Reply Tue 4 Feb, 2014 04:21 am
@roger,
He used to justify his factual findings in bench trials
by quoting the trial testimony. If it were cast in the negative,
or in speculative terms, then he cud not effectively quote it.

Once, during a recess, an ex-criminal prosecutor approached
the bench and told the court of a guy that got away with murder
because of trial counsel 's in-artfully drawn question, in the negative,
something like:
sir, did u not see the defendant shoot the decedent ?
Answer: yes.
On appeal of conviction, counsel asserts that there was no evidence
that defendant did anything unlawful. The witness attested affirmatively
that he did NOT see defendant shoot decedent.
Conviction: vacated.
0 Replies
 
 

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