I work at a check cashing store in L.A. as a teller. My drawer is never in the negative at the end of the day, but yesterday I was $50 short. My manager wants me to put the money in out of my pocket or get written up. This doesnt seem legal since I'm sure the place is insured or can write it off as a loss. This is the first time that it's happened and I think my boss just wants me to pay it so she doesnt lose money on her monthly bonus.
2007-09-07 04:07:57 · 11 answers · asked by ginosp69 1 in Politics & Government ➔ Law & Ethics
California wage law specifically prohibits employers from withholding shortages from pay.
An employer can lawfully withhold amounts from an employee’s wages only: (1) when required or empowered to do so by state or federal law, or (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee’s wages, or (3) when a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage or collective bargaining agreement. Labor Code Sections 221 and 224. Although a wage garnishment is a lawful deduction from wages under Labor Code section 224, an employer cannot discharge an employee because a garnishment of wages has been threatened or if the employee’s wages have been subjected to a garnishment for the payment of one judgment. Labor Code Section 2929(a) (See How to file a discrimination complaint)
The ability of an employer to deduct amounts from an employee’s wages due to a cash shortage, breakage, or loss of equipment is specifically regulated by the Industrial Welfare Commission Orders and limited by court decisions. (Kerr’s Catering v. Department of Industrial Relations (1962) 56 Cal.2d 319). In addition, there have been several court decisions that significantly restrict an employer’s ability to take an offset against an employee’s wages. Barnhill v. Sanders (1981) 125 Cal.App.3d 1, (Balloon payment on separation of employment to repay employee’s debt to employer is an unlawful deduction even where the employee authorized such payment in writing); CSEA v. State of California (1988) 198 Cal.App.3d 374 (Unlawful to deduct from current payroll for past salary advances that were in error); Hudgins v. Nieman Marcus (1995) 34 Cal.App.4th 1109 (Deductions for unidentified returns from commission sales unlawful.)
2007-09-07 04:30:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm not sure about if this is okay legally, but I would not pay for it out of your own pocket, that just doesn't seem right. I would go to someone higher up than your manager if possible because they probably don't have the authority to tell you to do that. If it's a franchise place like a fast food restaurant, is there an owner you could talk to? Tell them the situation and be honest with them. It's probably not that someone took the money but that someone handed out the wrong amount(s) somewhere and that happens anywhere you work with a register. I'm a teller at a credit union and if I was to put my own money in my drawer if I was short, I would get fired.
2016-03-18 01:38:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Naw, but she can write you up, suspend you, or even terminate you. I used to work at McDonald's, and my register came up $30 short. It came up short because this crack head ran a game on me with getting change for a $20. I just got written up.
2007-09-07 04:16:06 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Contact the labor board in your state. If it's the same as in my state, they can't make you pay it back out of your pocket. It's against the law. I remember a similar thing happening when I worked at one place and the employee brought the labor board in and told the owner he can't do that. Please check with your labor board to be certain.
2007-09-07 04:18:54 · answer #4 · answered by Anonymous · 2⤊ 0⤋
It is not legal. They accept liability when they hire employees. Granted may have made a mistake, so I would get written up.
2007-09-07 04:17:01 · answer #5 · answered by David 4 · 0⤊ 0⤋
No, they cannot take it out of your pay.
Remind the boss of all the times that your till came out over and that the $50 should have been made up by now.
If the boss still wants the money, tell him to f*ck off and quit.
2007-09-07 04:11:00 · answer #6 · answered by Anonymous · 1⤊ 2⤋
No, they can not legally make you pay for the shortage.
But they can write you up or fire you for the shortage.
It's your job to accurately make transactions.
Evidently, you didn't do so.
2007-09-07 04:35:01 · answer #7 · answered by jeeper_peeper321 7 · 1⤊ 1⤋
So if you come out $100 ahead, do you get to keep it?
2016-09-01 16:22:05 · answer #8 · answered by Diane B 1 · 0⤊ 0⤋
You probably can be made to pay. it seems like it was your own error. I hope that you counted the money in the drawer when you opened and again when you closed and that no one in between had access to your register.
2007-09-07 04:12:30 · answer #9 · answered by DrIG 7 · 1⤊ 4⤋
He can write you up, he can fire you, but he can't make you make up a shortage.
2007-09-07 04:13:02 · answer #10 · answered by Anonymous · 3⤊ 0⤋