Can my employer deduct money from my paycheck for a mistake that I made?

No, an employer is not allowed to deduct money from an employees wages, in cases where the employee makes a mistake or has an accident that results in a cash shortage, breakage or loss of company property or equipment.

By Brad Nakase, Attorney

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According to labor laws in California, employers are not allowed to take back wages that have already been paid to employees. This means that if your employer has already paid you, they cannot later deduct any part of those wages for a mistake you made. The purpose of this law is to ensure that employees’ earnings are protected and prevent deductions. If your boss deducted wages for a mistake you made, please contact our San Diego labor lawyer for a free consultation.

However, it’s important to consider the context and nature of the mistake as it may impact how this rule is applied. If the mistake resulted in a loss for the employer section 2802 may come into play. This section requires employers to cover any expenses or losses incurred by an employee while performing their duties even if the employer unlawfully assigned those duties. However, these provisions do not directly address deductions for mistakes.

In terms of if an employer attempts to deduct money for a mistake, it could potentially be argued as unlawful under section 221. Employees have the right to seek action if they believe their wages have been unfairly deducted.

It’s important to consider the circumstances of your situation and possibly consult with a legal professional for personalized advice. Labor laws can be intricate. Vary depending on the scenarios.

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