My former workplace requires employees to pay for their own uniforms by way of deductions from their paychecks. I recently stopped working at said business, and on my last day my employer requested I bring back my uniforms. Because I hadn't noticed any uniform deductions on previous paychecks, I gladly returned them.

When I got home, however, I noticed on my final check there was a 20 dollar uniform withholding. I have now found out that they are deducting for uniforms, holding paychecks hostage to get them back, turning around and giving them to new employees, and making them pay full price for them as well. Knowing this, is the business obligated to return my withholding? I know it's only 20 dollars, but they have also screwed other former employees out of larger sums in the same fashion.

5/16/2009 5:46:53 PM

It's hard
but you're going to have to let go.

5/16/2009 6:05:11 PM

You could ask for an explanation.

Beyond that, get them investigated by a desperate lawyer?

5/16/2009 6:10:45 PM

does your company use a uniform rental company for cleaning?

5/16/2009 6:14:50 PM

^nope

5/16/2009 6:16:42 PM

Do they rent the uniforms, or do they sell them?

Does the company sell uniforms to the employees, or does the company rent uniforms to the employees?

[Edited on May 16, 2009 at 6:32 PM. Reason : ]

5/16/2009 6:31:22 PM

^We were all under the impression that payments would be deducted until the uniforms were paid for. Renting a uniform doesn't make much sense, especially for longer-term employees.

5/16/2009 6:33:40 PM

considering that uniforms eventually have to be replaced, it makes perfect sense.

5/16/2009 6:50:17 PM

You need to find a document stating whether the company rents or sells its uniforms. This could be part of an employment contract, employee handbook, company procedural manual, etc. You could make a case based on an oral agreement, but without documentation of one sort or another, it'll be your word against theirs. Actually, witholding pay requires written agreement from the employee.

If my paycheck was being with witheld, I would be inclined to contact the Department of Labor.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_95/Article_2A.html

and

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-25.8.html

Quote :

"§ 95-25.8. Withholding of wages. (a) An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by State or federal law; (2) When the amount or rate of the proposed deduction is known and agreed upon in advance, the employer must have written authorization from the employee which (i) is signed on or before the payday(s) for the pay period(s) from which the deduction is to be made; (ii) indicates the reason for the deduction; and (iii) states the actual dollar amount or percentage of wages which shall be deducted from one or more paychecks. Provided, that if the deduction is for the convenience of the employee, the employee shall be given a reasonable opportunity to withdraw the authorization; or (3) When the amount of the proposed deduction is not known and agreed upon in advance, the employer must have written authorization from the employee which (i) is signed on or before the payday(s) for the pay period(s) from which the deduction is to be made; and (ii) indicates the reason for the deduction. Prior to any deductions being made under this section, the employee must (i) receive advance written notice of the actual amount to be deducted; (ii) receive written notice of their right to withdraw the authorization; and (iii) be given a reasonable opportunity to withdraw the authorization in writing. (b) The withholding or diversion of wages owed for the employer's benefit must comply with the following requirements: (1) In nonovertime workweeks, an employer may reduce wages to the minimum wage level. (2) In overtime workweeks, employers may reduce wages to the minimum wage level for nonovertime hours. (3) No reductions may be made to overtime wages owed. (c) In addition to complying with the requirements in subsections (a) and (b) of this section, an employer may withhold or divert a portion of an employee's wages for cash shortages, inventory shortages, or loss or damage to an employer's property after giving the employee written notice of the amount to be deducted seven days prior to the payday on which the deduction is to be made, except that when a separation occurs the seven-day notice is not required. (d) Notwithstanding subsections (a) and (b), above, an overpayment of wages to an employee as a result of a miscalculation or other bona fide error, advances of wages to an employee or to a third party at the employee's request, and the principal amount of loans made by an employer to an employee are considered prepayment of wages and may be withheld or deducted from an employee's wages. Deductions for interest and other charges related to loans by an employer to an employee shall require written authorization in accordance with subsection (a), above. (e) Notwithstanding subsections (a) and (c), above, if criminal process has issued against an employee, an employee has been indicted, or an employee has been arrested pursuant to Articles 17, 20, and 32 of Chapter 15A of the General Statutes for a charge incident to a cash shortage, inventory shortage, or damage to an employer's property, an employer may withhold or divert a portion of the employee's wages in order to recoup the amount of the cash shortage, inventory shortage, or damage to the employer's property, without the written authorization required by this section, but the amount of such withholdings shall comply with the provisions of subsection (b) of this section. If the employee is not found guilty, then the amount deducted shall be reimbursed to the employee by the employer. (f) For purposes of this section, a written authorization or written notice may be in the form of an electronic record in compliance with Article 40 of Chapter 66 (the Uniform Electronic Transactions Act). (g) Nothing in this Article shall preclude an employer from bringing a civil action in the General Court of Justice to collect any amounts due the employer from the employee. (1975, c. 413, s. 6; 1979, c. 839, s. 1; 1981, c. 663, s. 2; 2005-453, s. 16.)"

[Edited on May 16, 2009 at 6:54 PM. Reason : ]

5/16/2009 6:52:10 PM

Or just accept the fact that you're out $20. If this is the most you'll ever get screwed out of by an employer consider yourself lucky.

5/16/2009 8:48:10 PM

i'm sure you screwed them out $20 during the course of your employment as well

i agree with you on principle, but i don't see making a big stink about it being particularly productive

5/16/2009 10:06:41 PM

^^ Truth

5/16/2009 11:37:20 PM

ive argued with american express for two weeks over 25 cents before, but in this case

Quote :

"i don't see making a big stink about it being particularly productive"

5/17/2009 12:03:26 AM

If you are trying to get back at them, there are much better ways to do so.

If you're trying to get $20,

5/17/2009 1:46:41 AM

i say go for it out of principle, dont listen to the lemmings out there - if it is worth the time and extra money to you then at least express your concern that your employer is ripping people off

5/17/2009 2:31:10 PM

Report them to DOL if you don't need them for a reference.

5/19/2009 1:24:17 AM

You could offer them the suggestion of using the same system NCSU uses for the PE clothes. Some of them were like 10 years old and if you lost them you paid full price!

[Edited on May 19, 2009 at 2:21 PM. Reason : w]

5/19/2009 2:19:46 PM

you should have gotten spares from NCSU, they arent even looking i grabbed 2 shirts, etc every time

5/19/2009 2:23:00 PM

I have two PE shirts that have '91 on them that I still wear all the time. Those are some quality fucking t-shirts.

^ that is how i procured both shirts

5/19/2009 2:23:35 PM

By shirts, do you mean vouchers?

And by two, do you mean a half dozen rolls?

[Edited on May 19, 2009 at 2:24 PM. Reason : ^^]

5/19/2009 2:23:58 PM

i didnt grab vouchers, did you even read the papers?

i got in trouble for not giving a shit that everyone else was

5/19/2009 2:26:09 PM