Can an employer prevent you from working due to accidental check fraud?

UPDATED: Sep 30, 2022

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Can an employer prevent you from working due to accidental check fraud?

My fiance attempted to deposit a check over her banking app but was repeatedly unable to do so. Rent came due, so we cashed the check at a gocery store. A few days later, she was told by her employer that she would be unable to clock in until an issue with multiple check images was resolved. Apparently, the mobile deposit had gone through 2 days before we cashed the check. We cannot pay the grocery store back, however, because their system does not register that it was a bad check until 10 business days later. She has thus been out of work for over a week now. I don’t understand how this in any way involves

her employer and was wondering if it is legal to deny my fiance work?

under these conditions.

Asked on September 13, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, unless your fiance has a contract which limits the grounds for discipline, sets out a process for discipline which must be followed, and/or guarantees her employment (and most of us do not), she is an "employee at will" and her employer may suspend, furlough, not schedule for shifts, or even terminate her at any time, for any reason whatsoever, including this reason. Without a contract, you have no right to work or to you job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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