Can my employer take money out of my paycheck to cover an honest mistake?
Question Details:
A person who is no longer my friend came to the bar I work at with a stolen credit card. I did not know the card was stolen and I ran the card for cash back - 3 separate transactions, totaling $400 dollars. The credit card company notified my boss and she tried to dispute it. She told me that I owe her the money so she took it out of my paycheck, leaving me with $51. I am paid minimum wage and work about 30 hours a week. What can I do?
Employment and Labor Law Answers
Good news and bad news. The good news: your boss cannot take the money out of you check unless you let her, *unless* the terms of your employment (such as in an employee handbook or an employment agreement or contract) say that she can.
However, the bad news is, you boss could fire you for the mistake. Or she could give you the choice of repaying the money or being fired; you'd have the right to not pay, and therefore keep the money, but she could then terminate your employment. This means that in practice, your boss can--unless you don't need the job or have another one to go to, force you to let her take the money.
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