Is it illegal to make an employee pay out of pocket if the cash drawer is short?

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Is it illegal to make an employee pay out of pocket if the cash drawer is short?

Asked on June 14, 2013 under Employment Labor Law, Tennessee

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. I suggest you phone the appropriate state agency that governs labor standards as a starting point. You may also contact a private attorney in your state. Keep in mind that absent an agreement to the contrary, employment typically is 'at will', meaning you may be terminated for any reason but for an illegal reason. In seeking attorney help: Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your employer believes that you were responsible for the loss, it could ask you to repay it. If you refuse to do so, t cannot take it out of your paycheck (at least not without your permission). However, it could fire you. That is unless you have an employment contract or union agreement that protects your job. The fact s that without either of the foregoing, you are an employee "at will", which means that you may be fired at any time, for any reason. It could also sue you for thhe money(but would have to be able to prove that you took or lost it).

Note: If your firing constituted some form of actionable discrimination,y ou could not be discharged.


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