Can an employer prevent you from working due to accidental check fraud?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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