Can an employer rightly do this?

Question

I am a cashier at a gas station. We have no camera system at all, and I had been accused of things I did not do, twice, without proof. One was when the safe came up short on my shift, and the other was when 90+dollars of lottery tickets came up missing, but she had written everyone employed there up. Someone had quit right after getting wrote up for the lottery tickets, and she had suspected that person anyway. I had heard that she took that offense off of our records, but as far as I know, they're still on there. Getting to the point, I came up 6 dollars short on my register last night, and I am afraid that she will write me up for it. I know she can write me up for that, but that will be my third 'offense', and while for a fact I did not do the first to, she can ultimately fire me. Is it legal to write somebody up without proof that they did anything (like i said, NO cameras at all), and what are my options if she does fire me? Will it be hard to find another job?

Also, can I get in trouble with the law if she fires me for coming up short/over on my register, considering the other two write ups? What could I do?

It was busy yesterday, one customer right after another, and my coworker came up like 4.90 short. If she does fire me for the third offense, could I get her in trouble for false accusations since she had no proof for the first to offenses?

Just for clarification purposes, is it a must to give two weeks notice? Also, I *am* a college student :P

For additional clarification, I live in Kentucky. I do not know the laws surrounding employment in this state though :(

I have been employed at that station since May 1st, 2006. We are never by ourselves for an entire shift, someone is always with you. It may not be a 'higher up' person, but its someone else. Also, when the money went missing out of the till, I was working with someone that shift. She had told me that she knew I didn't take the money out of the till, although she did write me up anyway.

Answer 1

If your employer can't prove anything, then she can't fire you, nor do I think she can write you up since if you can be fired at your 3rd write-up, this effectively amounts to the same thing. You need to check your record to see if the one offence was removed since, according to what you've said, this should only be your 2nd write-up. I think you need to see a lawyer who will be able to advise you as to your chances. One thing you need to consider - you may win the battle and lose the war - you may win your case, have your record cleared and remain employed, but if your employer thinks you're a pain in her *** for doing so, she could make your life miserable enough that you won't want to work there.

Answer 2

Yes, she could fire you. Regardless of whether or not you took the money from the till, you're still responsible for the till. If it comes up short on your shift, you bear the responsibility. Of course, six dollars is a pretty small oversight. She'd have to be a real ***** to fire you over that. As far as what you can do, not much. You can contact the company' human resources department and file a complaint. You could also contact your local labor board. If your boss is violating some internal company policy, you could get her in trouble over that. You may also be able to make the company pay unemployment if you are fired, depending on the situation.

No, she can't get you in trouble with the law. She would have to have proof that you committed the crime (if there was in fact a crime, and not just a clerical error) to press charges.

The gas station should REALLY get a camera system, both to protect their investment and to protect you as an employee.

No, it's not necessary to give two weeks notice. It's customary, as an act of good faith, to give your employer time to find someone to replace you. There no law that says that you have to.

Answer 3

My question to you is were any other employees with you when the money was missing from the safe and when you came up $6 short? If no one else was with you, then I'd say you're pretty much screwed. If you didn't do it then who else did? That's what your boss is thinking and you'd have a hard time proving her wrong. Missing money is a big deal in any business no matter how small the amount may be. Once money starts to turn up missing all trust in employees goes out the window and as unfair as it may seem to be to you, that's business. Besides, if the store employment policy states that after 3 errors you're out the door, then they have every right to fire you. Sounds to me like being a cashier may not be the best job for you anyway.

Answer 4

Sounds to me like your employer doesn't trust anyone for anything. If your drawer was $6 short then you could possibly be making change wrong and you're responsible for the shortage.

I'd ask for a meeting with your employer and ask to see your personal record to find out just exactly what kinds of write ups are noted. Then ask if you can have your rebuttal written and filed with the accusations for the record.

If you're fired for those offenses where there is no proof, then go to the labor relations board in your state or city and file a complaint. You won't be making any friend when you do that, and probably won't get your job back, but you can try and get the record straight.'

Answer 5

She doesn't have to have proof to fire you. Did you sign your last write up? You can always refuse to sign the write up. Go HIGHER. Is it a large company that you can call a HR manager? If you are feeling harassed by her then you need to be able to speak up and get some resolution. If you have been there less then 60 days she can fire you for any reason. Other guidelines for firing an employee depends on the company policy. Do you have a company handbook? Worse case scenario and you do get fired, you can always find another job and chances are you will be alot better off. INSIST on speaking with someone higher up if you do get written up. Tell your manager you feel harassed.

Answer 6

As to wehter or not she can fire you that is up to the laws of your state or province and also the rules of the company. I don't however think that if she does fire you she could give a bad referance do to the fact that she has no proof of it being you. as for the six dollars that is common anything betwen 25 cent ant 10 dollars money gets stuck together etc. she wont be able to press charges cause she has no proof. If she gives you a bad reference you can sue her for deprivation of charecter because she had no proof. Some states s a "right to work state" which means they can fire you for your hair being "messed" up and there is nothing u can do about it. In my experience the theif is never caught or fired but the honest ones like u and me get to eat crap till they quit ny t be rehred by the sae company.

Answer 7

Quit. They can fire you for any reason at any time, unless it's race, religion, national origin, etc. If she has to satisfy some internal company requirement, that's just between her an dthe company.

No one will prosecute you for a $6.00 shortage on a register. The DA will laugh her out of the office if she tries.

You can find this kind of job anywhere, and without all this hassle. FYI being a cashier in a grocery store would be safer, if this is your career path.

Answer 8

You can be fired from this job for any reason, pretty much.

You will not be in trouble with the law unless she can prove you intentionally took money or other things of value. Accidentally giving a customer too much change and coming up short is not a criminal offense.

You do not have to give two weeks notice.

Answer 9

You are an "at will" employee, meaning you have no employment contract and can be terminated at anytime with out cause or reason.

The only way you can get into trouble with the law is if your employer files theft or embezzelment charges. Which they probably won't do over $6.00

If you are fired you can go before the employment security division and file for un-employment benefits. Your employer would have to prove you were fired for a proper reason then......

Answer 10

You work at a gas station, why don't you just quite, there plenty more crappy asss jobs out there where you can find work. Not like you would be missing the pay if you went to a different gas station. But to answer your question, call the human resources department if it's really worth the hassle of a gas station job.My best advice would be to go to college so you wont have to work for low pay your whole life, or crappy work environments