In TN, is it legal to deduct fees for a stopped check from an employee's paycheck?

My employee lost her paycheck, so I had to issue a new one, and put a stop payment on her old check. There is a $35 fee for the stop payment. Can I deduct this from her next paycheck? There is nothing stating in the employee handbook saying that I can deduct money from the next paycheck for lost checks. (Well, I am adding it now, but there wasn't one when she was hired)

It is illegal to take anything out of an employee's check if you do not have the policy in writing and signed by the employee. In this case if you want to charge her for it, which is a little harsh if this is the first offense, you need for her to sign a statement giving you permission to deduct it.

I'd forgive it .....once.

To much inbreeding going on in TN to know for sure

I would check this out with the Dept of Labor for your state, but since the employee was the one that lost the check, and requested another check, she should pay for the stopped payment fee. I know that large corporations (like Target) charges employees for having to stop payment on a check they were issued if the employee requests a new check due to losing it.

She is responsible for the check once it is in her hot little hands. If you are unsure, maybe offer to split the difference with her, with her paying the $17.50, and you pay the other $17.50.

you cannot deduct in TN

There are two questions: can you and should you. I think you should not deduct the fee, because you and the employee did not agree to such a sharing of expenses when she was hired. You probably CAN simply tell her that the lost check is not your problem and that when she finds it she is free to cash it. Then, offer the solution of a new check as long as it doesn't cost you anything. However, since you have already agreed to issue a new check, and didn't reach an agreement about the costs, I recommend that you demonstrate your loyalty and support by cutting the new check and eating the cost.

ok im not sure in TN, but I am HR manager in OK. If the employees are handed thier paychecks, they must sign for them. If after that point, they lose it, they become responsible for stop payment fees for a replacement check. Our fees are $21 but I only make them pay $10. It rarely happens. OSHA regulations include EEO regulations stating that you can not let something slide for one employee and charge another. So if you let one slide, legally you must let them all slide once before charging.