Can my company do that?

I'm not even going to touch the 1099 thing that's your choice on that. I will touch on the withholding of money. I will first say I don't condone this at all. Now did you sign any form of reciept of an employee or contractor handbook? If the answer is yes you need to read it as this might be in there. The second thing is yes an employer can withhold your paycheck for company expense reasons. Now I will touch on company expenses these can include company property like uniforms, radios, tire chains or anything else that is company owned. A company can also deduct out of your pay for any damage that you cause. Now if it is an accident then you could be liable for up to the cost of the deductible. In this case a blown motor if it was caused by you not maintaining the proper fluid levels or whatever you can be held liable. I know it's not pretty but I know a contractor that will make his drivers pay for any damage they do to a truck. If they fear off a mudflap they pay for it and so on. It is legal because he has been challenged on it. Like I said before you need to review the company policies before you ever sign on the dotted line. I have an employee handbook and have never seen a driver actually read it. Most company policies also have an amendment clause that the employer can change it anytime they see necessary all they have to do is advise you in some way it is changed. Again I'm not condoning this at all I think it is wrong but these are something's you can be up against.

 

I feel your pain Brother! This is what happened to me and I was the Company Owner. I can only speak for what the law states in the Commonwealth of Virginia but you should have the same resources to look up on line for your state.

I had an employee take $2,000.00 worth of my tools off one of my job sites and pawn them. After fighting with the pawnshop owner and police department, I had to buy my own tools back so I kept his last paycheck and told him to hit the road. He took me to Small Claims Court and won a judgement against me.

The Judge told me that my only recourse was to take him to court. So I did. Not only did I win but the pawnshop owner and the police officer came out smelling like crapola!Their doing, not mine. Now this is what is wrong with the world today. Because this thief won a judgement against me, I paid it so it would not reflect on my Business dealings with things such as construction loans or customers doing a background check on me, which I encouraged all my customers to do.

I am still waiting to get my money from the judgement I won against my past employee. That was back in 1992. I figured he is either dead or locked up somewhere. The only good thing is that I am still earning interest on the judgement and he will never get this off his credit in till it is paid.

So here is my advice to you. Spend $38.00 and take out a "Warrant of Dept" against your company for the exact amount of money they owe you. This process takes about 45 min and can be done in the Court House in the county that you reside in, not where your company is based out of. Once your company receives this Official Court Document, they will more then likely settle with you ASAP. Just keep in mind that even if you win the judgement, it does not mean that you will still get paid. They may make threats against you and have some lawyer write you a nasty letter, but that is why it is called "Small Claims Court", to give the little guy a chance for justice that will be decided by the Judge, not fancy mouthpieces. This process takes about 6 weeks or so depending on how busy your court system is.

Now there was only one reason that I lost my case and no attorney could have done any better then I did. In Virginia, it is illegal for an employer to hold any monies or paycheck for any reason unless a signed agreement was in effect before hire. PERIOD! Courts do not want to hear stories about how this or that was with your company or what is wrong with their equipment, they want to hear something like this, "Your Honor, as per section 27, subsection b of the (What ever state you live in) Laws and Statues Code, (Insert your companies name here), did in fact on or about (whenever it happened), illegally withhold monies due to me. I am now seeking relief in the amount of $ (whatever it is) from this Honorable Court.

If your company is foolish enough to try and fight you on this matter, after you make your little spill to the Judge, just sit back and watch what happens and answer any questions that are asked. You can argue circumstances all day long, however, you can not break the law to do so. In other words, if you state says it is illegal to withhold monies from an employee, then that is just what it means! Now your company has to prove to the Judge why he should sit there and re-write that particular law concerning your issue. Remember, I am not a Lawyer in real life, I just play one on the internet. It worked for me, it may work for you. Good Luck!