Lending money to an employee or co-worker
A good employee hits a bad month and asks for help: a car repair, a deposit on an apartment, a medical bill. Saying yes is often the right call and good for the business. What makes it different from any other loan is that you also sign their paycheck, and the paycheck comes with a set of rules that the loan has to fit inside.
It is a loan first
Start where any private loan starts: a signed promissory note with the amount, the interest rate, the repayment schedule, and what happens on default. Do not let the fact that you see this person every day talk you out of the paperwork. An undocumented advance is the one that gets remembered differently by both sides, gets tangled up with a raise or a bonus, and turns into a wage dispute rather than a debt. See how to write a promissory note.
Paying it back through payroll
Deducting repayments from wages is convenient and legal in most places, subject to three conditions worth taking seriously:
- Written authorization, signed by the employee before any deduction, stating the amount and the schedule. Verbal agreement is not enough anywhere.
- The wage floor. Under federal law deductions for an employer's benefit generally cannot reduce an employee's pay below the minimum wage for that pay period, and overtime has its own protections. A large deduction from a modest paycheck can cross that line.
- State rules. A number of states limit or prohibit certain wage deductions regardless of authorization, and several restrict what can be taken from a final paycheck.
The safe design is small, regular deductions the employee authorized in writing, with the balance still owed as an ordinary debt if deductions ever have to stop.
The tax side, briefly
Two rules catch employers off guard. First, an interest-free or below-market loan above a modest threshold triggers imputed interest at the applicable federal rate: the forgone interest is treated as compensation to the employee and deductible to you. Charging at least the applicable federal rate sidesteps it. Second, forgiving any part of the loan turns the forgiven amount into wages, reportable on the W-2 and subject to withholding and payroll taxes in that year. A forgiven loan is a bonus with extra steps, and the tax agencies treat it as one. See imputed interest and the applicable federal rate.
The day they leave
Employees quit, get fired, and get laid off, and an employee loan without a separation clause becomes a loan to a stranger with no payroll to draw on. Decide now what happens:
- Balance due on separation, with a short grace period, is the cleanest from the lender's side.
- Conversion to a direct repayment schedule the former employee pays you monthly, which tends to actually get repaid.
- Final-paycheck deduction only where your state allows it, and only within the amount the prior written authorization covers.
Whatever you choose, the note survives the employment, and the standard collection tools remain: demand, then small claims if it comes to that. See when a borrower stops paying.
Keep it separate
Book the loan as a receivable, not as payroll. Track it on its own ledger with each deduction recorded against the balance, and give the employee a statement periodically. Mixing the loan into wage records is how a debt turns into a claimed underpayment of wages, which is a far worse dispute to be in. See keeping a payment ledger.
Lending to a co-worker instead
If you are a peer rather than the employer, none of the payroll machinery is available to you and none of its restrictions apply. It is an ordinary personal loan between two people who happen to share an office, and the usual rules govern: a written note, a legal interest rate, a clear schedule. The workplace adds one thing, which is the awkwardness of collecting from someone you see daily, and that is an argument for better paperwork rather than less. See lending money to family or friends.