Can my company take more money out of my check then what I gave consent for

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Can my company take more money out of my check then what I gave consent for

My company said I got over paid by 2606.57 so I
gave consent for them to take that but now there
saying that I owed them 4600 and have taken 4100
without my consent

Asked on February 1, 2019 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they cannot take money out of your check without your consent: the law is very clear that employers may only take money out of employee paychecks with 1) consent or 2) a court order (such as for wage garnishment).
But while you could potentially sue for the money, it's likely not worth it IF you believe that they are right about how much you owe: if you sue for your pay, they can and likely will countersue for the overpayment (which you are legally required to repay) and so you'll end up in the same place economically. Only if you believe that you don't owe that amount would it be worth taking legal action.


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