Rhode Island General Laws 28-14-24. Setoff of money owed by employee to employer
(a) In any action for unpaid wages brought under the provisions of this chapter, the employer-debtor shall not deduct as a setoff or counterclaim:
(1) Any money allegedly due the employer as compensation for damages caused to the employer’s property by the negligence of the employee;
(2) Any money allegedly due the employer as rent; or
(3) Any money allegedly owed to the employer by the employee;
Terms Used In Rhode Island General Laws 28-14-24
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: means any person suffered or permitted to work by an employer, except that independent contractors or subcontractors shall not be considered employees. See Rhode Island General Laws 28-14-1
- Employer: means any individual, firm, partnership, association, joint stock company, trust, corporation, receiver, or other like officer appointed by a court of this state, and any agent or officer of any of the previously mentioned classes, employing any person in this state. See Rhode Island General Laws 28-14-1
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Wages: means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method of calculating the amount. See Rhode Island General Laws 28-14-1
(b) Provided, that any employer granting the employee a loan or advance against future earnings or wages may deduct the loan as a setoff or counterclaim if evidenced by a statement in writing signed by the employee. Nothing in this section shall be construed to limit or restrict in any way any rights which the employer now has to recover, by a separate legal action, any money owed the employer by the employee.
History of Section.
P.L. 1941, ch. 1069, § 9A; P.L. 1942, ch. 1237, § 3; G.L. 1956, § 28-14-24.