Can I be required to pay the amount of money missing from the cash drawer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be required to pay the amount of money missing from the cash drawer?
Cash drawer had 2 employees accessing it on Friday. At end of day, cash did not balance. Amount missing was 45.49 Am I required to pay this money back to my employer?
Asked on June 18, 2017 under Employment Labor Law, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In MD, an employer may not deduct cash shortages from an employee’s wages, unless the employee has given separate and specific written consent (i.e. the consent must only address the particular deduction to be made and nothing more). That having been said, the employee can still be held liable for a cash draw shortage (sunject to the restrictions listed below) and if they do not voluntarily pay, their employer can sue them for it. Also, if they are an "at will" worker, they can be terminated for not covering such a shortage (that is unless doing so would violate the terms of an employment contract/union agreement or constitute some form of actionable discrimination). That having been said, typically an employee can only be held liable for such a shortage if there is an accounting of the money at the beginning and end of the shift and many times only if the employee in question is guilty of gross negligence. Finally, such a deduction must not bring the worker's wage below the state minimum wage. To check on all of this you can contact your state's Department of Labor and Industry.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In MD, an employer may not deduct cash shortages from an employee’s wages, unless the employee has given separate and specific written consent (i.e. the consent must only address the particular deduction to be made and nothing more). That having been said, the employee can still be held liable for a cash draw shortage (sunject to the restrictions listed below) and if they do not voluntarily pay, their employer can sue them for it. Also, if they are an "at will" worker, they can be terminated for not covering such a shortage (that is unless doing so would violate the terms of an employment contract/union agreement or constitute some form of actionable discrimination). That having been said, typically an employee can only be held liable for such a shortage if there is an accounting of the money at the beginning and end of the shift and many times only if the employee in question is guilty of gross negligence. Finally, such a deduction must not bring the worker's wage below the state minimum wage. To check on all of this you can contact your state's Department of Labor and Industry.
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.