bstaxes Posted April 10, 2008 Report Share Posted April 10, 2008 Could really use some help. This is my son-in-law(s/l). He is a designer for large sound systems. Took a job and relocated to that area, thinking it would be a permanent job. Employer had a show coming up and needed designs for demo. Then gave s/l a bad review. S/l then said it was working out and quit. Last pay was 3/08. Employer took out the money for relocation expense from last 2 pay checks. S/l moved back to this area. Question 1. Can he claim moving expenses? I don't think so, but want to check. Question 2. Is employer allowed to do take back relocation expense? Received it 2007, take back in 2008. Any there any tax consequences? Just love family situations, especially at this time. Thanks Quote Link to comment Share on other sites More sharing options...
jklcpa Posted April 10, 2008 Report Share Posted April 10, 2008 You might want to check with that state's dept of labor. Here in Delaware I think that taking that money back might be illegal for the employer to do. Example: employer must pay the full wages, and even if the 'ee owes 'er back for things broken, stolen, uniforms, etc, the 'er cannot take it out of wages under Delaware law. Was there some agreement that says that the relocationi expenses were to be paid back it the employment didn't last beyond a certain time frame? Sorry I don't have any tax advice for you - the brain hasn't turned on yet. I'm just entertaining myself with this forum & cup of coffee. I'm waiting for a client right now. Quote Link to comment Share on other sites More sharing options...
KEYWEST_RICKS Posted April 10, 2008 Report Share Posted April 10, 2008 also, i believe that anything taken back cannot violate minimum wage laws. kind of like a garnishment. if they took all of one pay and part of another then i believe they violated the FLSA. jeff Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted April 10, 2008 Report Share Posted April 10, 2008 In CA, they would have only been able to take the amount they had agreed to in writing. For example, if I borrow 1,000 from my employer and sign a note promising to pay it back at $50 per week, then quit, my employer could only take $50 from my last check. If he was smart, he would write me 3 checks (past week, current week, and vacation) and get $50 from each one, but that is the most he could take from my pay. That does not mean he could not pursue other collection measures, it is just the limit on the amount he can take from my payroll. As for the TP issue, I don't think you can take any moving expense. It does not seem to fit unless he gets another job in that area. Isn't the rule 39 weeks of employment? Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
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