Additional Information:
I was involved in a minor car accident in Framingham MA while driving the company car. I’m sure there were dents and scrapes on the bumper before my accident. Is it legal for my employer to take an unauthorized deduction from my paycheck for cover the damages?
ATTORNEY ANSWER:
This question recently stumped a MA Superior Court judge, who thought that if the employer had a written policy, and the employee could avoid discipline by accepting the wage withholding, that a wage deduction was legal. The Supreme Judicial Court disagreed, and said that the employer must pay the wages, that no setoff as that term has been interpreted applied, and therefore a deduction for wages was illegal. The court did not doubt that the employer was following established procedures, that the accident could very well have been the employees fault, and that an employee may be liable to his or her employer for that employee’s negligence. The employer may not, however reduce wages as a result. The employer was ordered to pay the employee back the amount withheld, and was assessed a fine.
Our Framingham Employment Lawyers at HKWG provide legal services to individuals and businesses in Framingham and in the neighboring communities including: Marlborough, Southborough, Ashland, Sherborn, Natick, Cochituate, Wayland and Sudbury.
