with regards to wrongful termination issues, I recently have had a lost of employment due missing cash?

Question

the question at hand is this. Can an employer hold or keep my last wages earned? Is not the burden of proof on the employer? arent there laws int Texas to protect an employee in my similar situation?

Answer 1

An employer CAN NOT withold any wages owed, even if they suspect that you stole something. If they think you stole something, they must press charges or seek restitution. Contact your local Employment Office.

I was fired over a $5.00 dollar prescription, I gave a co-worker a five and asked her to ring it up when she got the chance. She never did, and I took it home. I refused to pay for it again, they fired me, took me to court and LOST. I had worked for the company for 5 years with NO write ups, the cashier who wasn't questioned, had worked for the company 2 weeks.

Answer 2

The employer cannot withhold wages unless there is an agreement in writing that specifies otherwise. For example, if you signed an agreement that stated that the employer could deduct any cash drawer shortages from your check, and your drawer came up short, the employer would be within their rights to withhold funds.

Those agreements must typically be one-time agreements (in other words, not a blanket statement that they can withhold funds whenever they feel like it), or, if an overarching agreement is in place, the employer may want to have the employee sign again at the time of the withholding.

However, before you file a wrongful term suit, please be sure that the employer does NOT have proof of your guilt in this situation. Many companies use hidden cameras or other monitoring devices in areas where cash is handled.

If you still feel that the company is in error, talk to the wage and hour division of your local labor board. The link to the Federal site is www.dol.gov.

Answer 3

Ok hopefully i am understanding your question here. The question was that you were terminated from your employer after it was found that there was missing cash.

Now if th at is true, if the employer has proof that it was you who had taken the cash then yes they can garnish your wages to make up for the cash that was lost. (Most likely though they would contact you via third party). Employers do have a right to terminate an employee for this type of action.