virginia employment fines
Can an employer fine an employee in Virginia?
<p>My son just started a job with a franchisee of a well-known delivery company. The franchisee is located in <a href="https://en.wikipedia.org/wiki/Virginia" rel="noreferrer">Virginia</a>, and some of the items in the employee handbook sound fishy to me. He was given a sheet that listed several offenses along with the associated monetary fine.  Three which stood out were:</p>
<ul>
<li>Excessive tardiness and absences - $200</li>
<li>Failure to clean the delivery
truck - $50</li>
<li>Accident  - $200 per pay period,  &quot;until the company is made whole&quot;</li>
</ul>
<p>I have no idea how they plan to impose these fines, immediately make him pay or withhold the amount from his paycheck, but I would think that the <em>only</em> recourse an employer has for failing to perform assigned duties is termination, and a civil suit for actions that cause financial harm.</p>
<p>Is this a case where employment terms, no matter how onerous, are allowed, or does this company have no idea what they are allowed to do with their employees?</p>

<p><strong>Not by payroll deduction, unless the agreement to do so was not a condition of employment</strong></p>
<p>While it is true (as Just a guy's <a href="https://law.stackexchange.com/a/55304">answer</a> notes) that under § 40.1-29(C) an employee may agree via &quot;written and signed authorization&quot; to an employer withholding money from paychecks, <em>the agreement to do so must be voluntary and not a condition of employment/continued employment</em>.</p>
<p><a href="https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/" rel="noreferrer">§ 40.1-29(D) of the Code of Virginia</a> states:</p>
<blockquote>
<p>No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.</p>
</blockquote>
<p>This does not mean that an employee who damages company property or otherwise negligently causes the company financial harm is not liable for such damages, though.  Damages to a vehicle or costs incurred for cleaning it might be possible damages.  &quot;Excessive tardiness and absences&quot; seems like it'd be difficult, but not impossible, to prove monetary damages for.  But to recover these damages against the employee's will, they'd have to file a lawsuit: they cannot simply deduct the damages from wages unless the employee voluntarily agrees to pay them that way (a blanket authorization as a condition of employment does not count).</p>
<p><a href="https://sescomgt.com/resources/articles/payroll-deductions-in-virginia/87" rel="noreferrer">This article</a> has some more information and a couple relevant examples (including one about vehicle damage).</p>

<p><strong>It depends on what your son signed</strong></p>
<p><a href="https://law.lis.virginia.gov/vacode/40.1-29/" rel="noreferrer">§ 40.1-29(C)</a> of the Code of Virginia says employers need written permission to withhold anything besides taxes from paychecks:</p>
<blockquote>
<p>No employer shall withhold any part of the wages or salaries of any employee <em>except for payroll, wage or withholding taxes or in accordance with law</em>, <strong>without the written and signed authorization of the employee.</strong></p>
</blockquote>
<p><strong>As Ryan M points out, <em>there's more!</em></strong></p>
<p>The very next section, § 40.1-29(<strong>D</strong>) says <strong>employers can't require</strong> you give permission <strong>as a condition of employment or the continuance therein...</strong></p>
<p>This clause has been interpreted by the <a href="https://townhall.virginia.gov/L/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs%5C181%5CGDoc_DOLI_1780_v5.pdf#page=37" rel="noreferrer">Virginia Department of Labor and Industry</a>, to mean:</p>
<blockquote>
<p><strong>Blanket authorizations signed by an employee at the commencement of employment</strong>
which allow such forfeitures will be considered per se a condition of employment, and
<strong>are not allowed.</strong> Only a signed agreement that is <strong>truly voluntary,</strong> and is <strong>not a condition of employment,</strong> is allowed by § 40.1-29(D).</p>
</blockquote>
<p><strong>Note:</strong> Edited in light of correction by Ryan and editorial suggestion by amolloy.</p>
