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Mom Confessions Mom Confessions

Can an Employer do this?

Posted by Anonymous   + Show Post

My Dh took a loan from his company to move out of state and have a better paying job. After being there a month, they took the job he moved there for away. He has now been there 4 months going on 5 soon and he is about to quit (Friday is his last day). Can they legally hold his last check since he is still repaying them? 

Posted by Anonymous on Feb. 4, 2013 at 10:16 AM
Replies (11-20):
Anonymous
by Anonymous on Feb. 4, 2013 at 10:22 AM

Yes of course.

shymomof4
by Kristyn on Feb. 4, 2013 at 10:23 AM
Yep
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peanutsmommy1
by Ruby Member on Feb. 4, 2013 at 10:24 AM

it is their only way to guarantee to get their money, sure they can

audreesmama
by on Feb. 4, 2013 at 10:24 AM
Check your paperwork. They usually can though. It says the amount is due to be paid in full upon termination.
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lindilouwho82
by Lindi on Feb. 4, 2013 at 10:25 AM

 You owe them money, money I assume they take back from each pay check. If you are no longer working for them how would they get their money?

Two years ago I represented a small business owner who had loaned close to $5K to her assistant manager. The money was to help pay for business classes and to help her get adjusted to a new city. Six months after she got her credits for business class and got acquainted with the city, she stopped showing up to work. The balance on the loan was still over $2500 and the owner decided to take her to small claims court. She won and ended up winning the $2500 plus interest fees. I also know that the idea works for bigger businesses and the loan you refuse to pay back can land you in court and ruin your credit.

LilliesValley
by Ruby Member on Feb. 4, 2013 at 10:25 AM
I'd think so. A loan is a loan. There's usually something in the paperwork about if he quits before the loan is repayed. Personally I'd be honest with the company about the situation and see if they can't find him another job within the company.
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FooLynRoo
by on Feb. 4, 2013 at 10:26 AM

depends on the state, and if he had any loan papers.

but I wouldn't gander - YES.

he owes them money doesn't he? Why is he quitting?

SterlingHeart
by on Feb. 4, 2013 at 10:27 AM

yes they can 

Anonymous
by Anonymous - Original Poster on Feb. 4, 2013 at 10:37 AM


He does have a signed agreement with them saying they will take $50 a week out of his checks for repayment. He didn't sign anything saying he agrees to give them his last check if he quits or is fired for whatever reason. 


He does owe them money. He is quitting because he took a nice paying job and made an out of state move for it (If the job didn't pay well he would have NEVER taken a loan and agreed to move to a whole new state) then a month after being there they did not follow through with their end of the "deal". He does not have the pay they agreed on and he does not have the job title he was supposed to have. Now we barely scrape by and we can't live off of the pay he gets, so he HAS to quit in order to make decent money. 


I was also advised by someone that since the employer didn't hold up their end of the deal, Dh should not be held responsible to repay them. They did not give him the position and pay that they have in writing. It's a mess. We could have easily paid them back making the salary he was promised, but now we scrape by. 

Quoting FooLynRoo:

depends on the state, and if he had any loan papers.

but I wouldn't gander - YES.

he owes them money doesn't he? Why is he quitting?



FooLynRoo
by on Feb. 4, 2013 at 10:45 AM


If he has a signed loan agreement, you need to read IT. if there is any stipulation to the fullfillment of the loan, they can take his last check to do so.

And UNLESS the loan papers stipulate he was granted and took the loan, on the idea he would make more and get the position, he doesn't have a leg to stand on to NOT repay.


Quoting Anonymous:


He does have a signed agreement with them saying they will take $50 a week out of his checks for repayment. He didn't sign anything saying he agrees to give them his last check if he quits or is fired for whatever reason. 


He does owe them money. He is quitting because he took a nice paying job and made an out of state move for it (If the job didn't pay well he would have NEVER taken a loan and agreed to move to a whole new state) then a month after being there they did not follow through with their end of the "deal". He does not have the pay they agreed on and he does not have the job title he was supposed to have. Now we barely scrape by and we can't live off of the pay he gets, so he HAS to quit in order to make decent money. 


I was also advised by someone that since the employer didn't hold up their end of the deal, Dh should not be held responsible to repay them. They did not give him the position and pay that they have in writing. It's a mess. We could have easily paid them back making the salary he was promised, but now we scrape by. 

Quoting FooLynRoo:

depends on the state, and if he had any loan papers.

but I wouldn't gander - YES.

he owes them money doesn't he? Why is he quitting?





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