Can an employer withhold wages for cash drawer shortages without notice?

Asked on January 16, 2013 under Employment Labor Law, Texas

Answers:

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

Answered 8 years ago | Contributor

As a general rule, an employer can only deduct for such shortages if either: exisiting company policy or a union/employment contract allow for this; or the employee has agreed to it.

As for withholding a paycheck based on a shortage, again this too is a violation of law. If an employer has the right to be compensated for a shortfall of this type, what it must do is to pay an employee their paycheck and, in turn, have the employee pay the amount in question back over to it. If the employee refuses to pay, then the employer can seek its remedy at law; in other words sue for the money.

Bottom line, if your paycheck is being illegally withheld, you need to file a complaint with your state's department of labor.


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 AttorneyPages.com 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.