2007-08-31 15:42:55 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have written a confusing question. But you can't deduct the money from anyone without proof, real proof that they took it, otherwise you will get sued.
2007-08-31 15:50:45 · answer #1 · answered by ♥ ♥Be Happi♥ ♥ 6 · 1⤊ 0⤋
You can but you best hope that when you get bent over the log that the person has the courtesy to lie to you and whisper "I really do love you".
No you cannot as you lay yourself open to all sorts of issues. First of all in most states it is illegal to deduct anything from a paycheck. Think about it at it's most basic level...... say it was a bar. An employer claims that a few plates were broken, the steak was lost, the cash drawer is short by $10.00? Who's to say? That's why pay is pay regardless even on the federal level.
Was the employee the only one with total access to the cash drawer or even a safe? Can you legally say that that employee is the person who did it? Do even you have access? Here's the thing even if you had a camera it would be hard to prove and those with an intent to steal would figure out how to do so anyway.
You have to install safeguards to protect yourself. If it is a cash drawer you have something signed saying if you are say $5.00 off you may be written up. This first identifies employees who might be playing loose or not paying attention. This is a management issue and would be brought up in court. The doubt will be raised in court. Even if it is a safe, petty cash or money recieved it is your responsibility to have procedures in place.
After that at best you write that person up THREE times and can fire them then and be covered legally. Anything else could cost you bigtime. Maybe not now but oneday with some employee. Or if you ever have a serious loss the insurance company could refuse to pay after reviewing your procedures.
Point is..... leave it to "if it happens again" and set some things in place. Just deducting is fraught with danger. If you censure one employee then word will get out. Then the others may worry more about cash handling rather than making money for you.
2007-09-01 13:40:07 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
Only if you have legal proof that the employee stole the money. You'll have to consult with a lawer about whether or not your evidence falls into the definition of legal proof. If the employee didn't take the money but rather lost or mismanaged it then all you can do fire the employee. You can't deduct the loss from the employee's pay.
2007-08-31 22:55:54 · answer #3 · answered by angry 6 · 0⤊ 0⤋
are you quite sure and 100% positive that this particular employee took the money? have you checked under and behind the register till? have you checked the safe and made sure it wasn't left there on accident? perhaps you should hire a loss prevention specialist.
as far as deducting money from your employees wages, it's illegal. if you're so sure they took it, i'm sure the best route of action would be to dismiss this particular employee and cut your losses instead of incuring further losses by keeping him. i know if i was a thief and my employer took money out of my paycheck, i'd just retaliate by taking more.
2007-08-31 22:51:30 · answer #4 · answered by StangGirl 4 · 0⤊ 1⤋
No, I don't think so, but if you write a contract saying that if money is missing, it will come out of an employees paycheck, you can get it signed by all employees, and then you can, but only with a LOT of evidence. You should keep books for the beginning and end of each day and keep all your info recorded and inform someone when they are short money, let them count the money with you so they know you aren't making a mistake.
2007-08-31 22:51:22 · answer #5 · answered by jesusfreak0318 4 · 0⤊ 3⤋
Not unless he admits that he took it, or it is in his written employment contract (i.e. some positions have a clause that requires the employee to make up for any shortage in their cash drawer).
If you wrongfully withhold money from his pay and he reports you to the Department of Labor, you will repay it with a penalty, and it will get worse for you if you falsely accuse, retaliate or fire someone.
If you really think it was stolen, you should call the police and your insurance company and let them determine who stole it.
2007-08-31 22:55:20 · answer #6 · answered by BruceN 7 · 0⤊ 1⤋
Unless you can prove it, and you prosecute him legally...I hope he will hire you when he owns your business. Thats what will happen.
2007-08-31 22:55:39 · answer #7 · answered by sensible_man 7 · 0⤊ 0⤋
You better be ready to go to court!
And no proof! Shame on you if those are the facts!
2007-08-31 22:50:37 · answer #8 · answered by cantcu 7 · 4⤊ 2⤋
No, not without proof the employee stole the money.
2007-08-31 22:48:29 · answer #9 · answered by LeAnne 7 · 3⤊ 8⤋