Offsetting employment claims: can a company offset them unilaterally?
If a collective action is brought to challenge the unilateral conduct of a company in the offsetting of salary claims through a payroll deduction, the amount of the debt and the existence of quantitative discrepancies must necessarily be questioned in order to be able to assess whether or not there is legal offsetting on the part of the employer. Only by admitting that the debt is a liquidated amount that is due and payable will the employer – or the employee, as the case may be – be able to offset the debt, but if the debt is not disputed, the way is open for the offsetting of wage claims.
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Lourdes López – Academic Counsel
Analysis