Can an employer fire you for cash handling issues if 2 people are running on the same cash register but only one got fired and the other got off?

We have one register and individuals cards that sign into the system we can only use one person’s cards. However, employees are working on a shift and it under one person’s name but both rare esponsible for the cash drawer. The drawer was over by $19.30 and they both agreed it was tip money. The manager called one associate and asked about the money that was under another card name. The associate told him they thought it was tip money and didn’t know that another card was used. He said to deposit it on the next day. They then fired one because of it but nothing happened to the other employee.

Asked on June 6, 2012 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general matter, employers are free to not treat employees equally, fairly, or the same; therefore, if two people did the same thing, the employer may fire one but not the other. There is an exception in it is illegal to base different treatment on an employee's membership in a specifically protected group or category; for example, it would be illegal to treat one employee worse because of his/her race, religion, age over 40, sex, or disability.


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