questions & answers

Question: My employee quit without giving required two weeks notice. In contract that he signed, it says specifically that if he quits without notice, I as an employer have a right to deduct from his final paycheck any costs incurred by his resignation. Employee agreed to this and signed the contract, but now he demands full payment. Can I reduce his pay? I had to cover his work by hiring a replacement

Answer: Most non-union employees are not covered by a written employment contract. If you do have a contract, it should describe the length of your employment, your job duties, and the circumstances under which your employment can be terminated. To be considered a binding written contract, the contract must fall into one of the following categories: 1) A written agreement signed by the employer and the employee. 2) An agreement in an employee handbook or manual expressly stating that it is intended to be an employment contract. 3) A written document that the employer signs indicating that you will be employed for a specified certain period of time. An employer can withhold any portion of an employee’s wages if: (1) It is required or empowered to do so by court order for civil judgment or child support payments. (2) It has prior written authorization from the employee (for example, such as a payroll deduction for an insurance premiums, or a payroll deduction for charity, or deductions for uniforms or equipment not returned to the company when the employment ends). (3) There is a reasonable good faith dispute as to the amount of wages due the employee, but only the amount in dispute may be withheld. For more information about how to go about withholding wages, please seek legal advice from a licensed attorney by calling the lawyer referral service at 602-257-4434.