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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 (21-21):
by Anonymous 1 - Original Poster on Feb. 4, 2013 at 10:48 AM

Not sure if it says that specifically on the loan paper, but he does have other paperwork he signed with his position and salary. I guess we'll just have to wait and see what they decide to do. Thanks for the advice!!

Quoting FooLynRoo:

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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