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 3 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 3 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.


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