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Can employer deduct amount from salary as loan

Posted: Fri Feb 08, 2019 4:10 pm
by jordan
Hello ,
I am asking question which isnt related to investment but related to money hope some one will help me.Recently I changed my job and
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Is it legal to deduct money like this ?

Can we take bonus back which i was given in year 2016 and 2017 ?

Hope someone will help me?

Jordan

Re: Can employer deduct amount from salary as loan

Posted: Fri Feb 08, 2019 4:21 pm
by PVW
I believe it's legal to deduct money from your last paycheck that you owe your employer - e.g., for borrowed vacation time. You should call your previous employer to find out what the deduction was for.

Re: Can employer deduct amount from salary as loan

Posted: Fri Feb 08, 2019 4:22 pm
by fabdog
Going to be hard to help with the details at hand... but some thing employers will deduct when you leave (if these apply to you)

Relocation assistance if you didn't the full time. This is usually prorated
Tuition assistance if you didn't stay the prescribed time (may or may not be prorated)
Any advances on commission that were paid and not earned (if you were in that type of job

Maybe you should call them and ask them what it is?

Mike

Re: Can employer deduct amount from salary as loan

Posted: Fri Feb 08, 2019 4:40 pm
by dm200
fabdog wrote:
Fri Feb 08, 2019 4:22 pm
Going to be hard to help with the details at hand... but some thing employers will deduct when you leave (if these apply to you)
Relocation assistance if you didn't the full time. This is usually prorated
Tuition assistance if you didn't stay the prescribed time (may or may not be prorated)
Any advances on commission that were paid and not earned (if you were in that type of job
Maybe you should call them and ask them what it is?
Mike
Yes

In some cases, as well, employers allow Vacation to be taken and paid before it is "earned". In these cases, such vacation time in excess of what was "earned" can be deducted from the final paycheck.

Re: Can employer deduct amount from salary as loan

Posted: Sat Feb 09, 2019 9:34 am
by Trism
Were you being paid a draw against commissions?

Re: Can employer deduct amount from salary as loan

Posted: Sat Feb 09, 2019 12:37 pm
by jordan
Hello ,
Its different for me . I am h1b candidate working for information technology. I never took any loan , no advance leave. I had 130 hours when i left company so according company law employer has to pay me vacation hours money.
I never signed any document for loan.
no relocation assistance was taken.
Leave balance was 130 hrs when i left company.
No tuition assistance was taken.
No commission.
I never borrowed vacation time.

He put entry as loan amount in my salary sleep . I sent email but there isnt any response from him . Its practice many employer follows for h1b employee because we are always afraid one way the other way they can harm us even after we leave our previous job. We we go to DOL he can take retaliation and harm me in different ways..
Jordan

Re: Can employer deduct amount from salary as loan

Posted: Sat Feb 09, 2019 1:17 pm
by dm200
jordan wrote:
Sat Feb 09, 2019 12:37 pm
Hello ,
Its different for me . I am h1b candidate working for information technology. I never took any loan , no advance leave. I had 130 hours when i left company so according company law employer has to pay me vacation hours money.
I never signed any document for loan.
no relocation assistance was taken.
Leave balance was 130 hrs when i left company.
No tuition assistance was taken.
No commission.
I never borrowed vacation time.
He put entry as loan amount in my salary sleep . I sent email but there isnt any response from him . Its practice many employer follows for h1b employee because we are always afraid one way the other way they can harm us even after we leave our previous job. We we go to DOL he can take retaliation and harm me in different ways..
Jordan
Do employers have any expenses they pay to employ H1b employees? If so, might they be taking back some of that expense?

Re: Can employer deduct amount from salary as loan

Posted: Mon Feb 11, 2019 9:20 am
by PVW
jordan wrote:
Sat Feb 09, 2019 12:37 pm
Leave balance was 130 hrs when i left company.
Some employers will give the entire year's vacation balance on Jan. 1 and you can use it however you want, but it is really a pro rated grant and if you don't work the full year, you might have to pay back any vacation that you hadn't earned yet. So, for example, if you only worked 1 month in 2019, but you used 2/12th of your total vacation grant, you would have to pay back the excess use = 1/12th of your yearly vacation grant.

I can also imagine a similar case where you receive the full leave balance on Jan 1, and they pay you for the leave balance when you quit, but since you didn't work a full year, they will deduct a pro rated amount from the total because you hadn't yet earned the entire vacation grant.

Re: Can employer deduct amount from salary as loan

Posted: Mon Feb 11, 2019 9:25 am
by dm200
PVW wrote:
Mon Feb 11, 2019 9:20 am
jordan wrote:
Sat Feb 09, 2019 12:37 pm
Leave balance was 130 hrs when i left company.
Some employers will give the entire year's vacation balance on Jan. 1 and you can use it however you want, but it is really a pro rated grant and if you don't work the full year, you might have to pay back any vacation that you hadn't earned yet. So, for example, if you only worked 1 month in 2019, but you used 2/12th of your total vacation grant, you would have to pay back the excess use = 1/12th of your yearly vacation grant.

I can also imagine a similar case where you receive the full leave balance on Jan 1, and they pay you for the leave balance when you quit, but since you didn't work a full year, they will deduct a pro rated amount from the total because you hadn't yet earned the entire vacation grant.
Yes - this is not common any more, but my first job out of college for a MegaCorp did things this way.

Re: Can employer deduct amount from salary as loan

Posted: Mon Feb 11, 2019 9:32 am
by HueyLD
jordan wrote:
Sat Feb 09, 2019 12:37 pm
Hello ,
Its different for me . I am h1b candidate working for information technology. I never took any loan , no advance leave. I had 130 hours when i left company so according company law employer has to pay me vacation hours money.
I never signed any document for loan.
no relocation assistance was taken.
Leave balance was 130 hrs when i left company.
No tuition assistance was taken.
No commission.
I never borrowed vacation time.

He put entry as loan amount in my salary sleep . I sent email but there isnt any response from him . Its practice many employer follows for h1b employee because we are always afraid one way the other way they can harm us even after we leave our previous job. We we go to DOL he can take retaliation and harm me in different ways..
Jordan
Did that employer sponsor your H1B visa? How much did they spend on the sponsorship?

Re: Can employer deduct amount from salary as loan

Posted: Mon Feb 11, 2019 9:33 am
by crazygrow
dm200 wrote:
Sat Feb 09, 2019 1:17 pm
jordan wrote:
Sat Feb 09, 2019 12:37 pm
Hello ,
Its different for me . I am h1b candidate working for information technology. I never took any loan , no advance leave. I had 130 hours when i left company so according company law employer has to pay me vacation hours money.
I never signed any document for loan.
no relocation assistance was taken.
Leave balance was 130 hrs when i left company.
No tuition assistance was taken.
No commission.
I never borrowed vacation time.
He put entry as loan amount in my salary sleep . I sent email but there isnt any response from him . Its practice many employer follows for h1b employee because we are always afraid one way the other way they can harm us even after we leave our previous job. We we go to DOL he can take retaliation and harm me in different ways..
Jordan
Do employers have any expenses they pay to employ H1b employees? If so, might they be taking back some of that expense?
There are a lot of expenses - can top 10k. Not sure it is legal to take the money from the employee when they leave though.

Re: Can employer deduct amount from salary as loan

Posted: Mon Feb 11, 2019 10:11 am
by niceguy7376
crazygrow wrote:
Mon Feb 11, 2019 9:33 am
There are a lot of expenses - can top 10k. Not sure it is legal to take the money from the employee when they leave though.
By law, employers cannot expense the expenses on to employees.
If there is no agreement between the two parties with regards to some form of employee paying back the amount if they didnt stay for 1 or 2 years, then the employer is at fault.

Most H1B employers do these cheap tricks. I dont want to start any new topics on this matter.