Can the gas station that I work for hold my check until I pay for a gas drive-off?

UPDATED: Mar 16, 2012

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Can the gas station that I work for hold my check until I pay for a gas drive-off?

About 2 weeks ago a customer swiped their credit card backwards and then picked up the pump; I authorized them to pump gas. The customer pumped $33.50 in fuel and drove off. I wrote down the customers license plate number so we could contact the police department. Today was payday and I did not have a paycheck. I was told that I could not have it until I paid for that drive-off. I paid it of course because I have to have my paycheck to pay bills. Are they legally allowed to hold my check if I do not pay for someone else’s gas because they drove off?

Asked on March 16, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you must be paid for all the work you did. Your employer's options and rights are:

1) They can sue you, if you don't voluntarily repay the money; or

2) They can fire you (if you don't have an employment contract protecting your employment) if you cost them money and refuse to repay it.

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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