Can an Employer do this?
- 21 Replies
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?
it is their only way to guarantee to get their money, sure they can
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.
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?
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?
are you ok with another woman calling your husband "hun" or "babe"