Employer Wage Deduction Dispute

Summary

In South Carolina, employers can generally deduct wages for overpayments due to their errors, but deductions should not reduce wages below the minimum wage. It is advisable to consult with an employment attorney for further guidance.

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I received an e-mail from the accountant dept. today stating that there was an error on their end regarding my PTO which I had available, and now they are asking me and other employees to pay back the money for their mistake. I should not be penalized because this was not my fault as stated in their several e-mails apologizing but yet expect me to pay back something they messed up
Hello **** ****, I understand your situation. In North Carolina, employers generally can't deduct wages for company errors without your consent. However, there is an exception if the error was due to the employee's willful or gross negligence. Can you confirm that this wasn't the case here?
Correct,
Thank you, **** ****, for confirming.
- Under North Carolina law, employers cannot deduct from wages due to their errors without employee consent.
- As you didn't commit any willful or gross negligence, they can't deduct without your consent.
- You may want to seek legal advice for further action.
Please see what they sent me- ****, I apologize for the error. No, it is not your fault. It was reported by other employees that they were overpaid which is the same situation as yours. We are correcting the error by deducting the * hours that you were overpaid over several pay periods.
Hello **** ****,
Based on the information provided:
- Your employer acknowledges it's their mistake, not due to your negligence.
- In North Carolina, without your consent, they can't deduct the overpayment.
- You may want to consult with an employment attorney for further assistance.
I am live in south Carolina
Hello **** ****,
- In South Carolina, wage deductions for overpayments due to employer errors are generally permissible.
- However, deductions should not reduce your wage below the required minimum wage.
- It is advisable to consult with an employment attorney for further guidance.