Can an employer dock your pay if someone else is embezzling money?

UPDATED: Aug 9, 2019

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Can an employer dock your pay if someone else is embezzling money?

My daughter is a restaurant manager and her assistant manager was in charge of making the nightly bank deposits on nights she closed. The assistant manager didnt make 5 of the deposits now my daughter is being docked for the missing deposits

Asked on August 9, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the law is clear that an employer may NOT dock or withhold employee pay without either 1) employee consent (permission or agreement) to do so; or 2) a court order (such as a wage garnishment order). If the employer believes that your daugher was at fault in some way for this, such as by being negligent, or careless, in how she supervised her assistant manager and his deposits, then the owner does have the right to sue her for the money...but to get it, would have to prove in court that she was at fault in its loss. In the meantime, your daughter could contact the state department of labor to file a complaint about her pay being docked, and/or sue the employer (e.g. in small claims court, as her own attorney or "pro se" to avoid legal fees) for her pay.

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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