Can my employer make us pay missing money?
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Can my employer make us pay missing money?
I work in a post office and the shop with
it, it has been brought by an independent
business, if money goes missing
accidentally from the shared post office
till can he make us pay it?
Asked on April 6, 2017 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your employer can prove by a "preponderance of the evidence" to the court that you took the money, then you can be held liable for repayment. This is true whether or not you later quit or are terminated. That having been said, unless you agree in writing otherwise, your pay check cannot be deducted for the amount of any missing money.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
He can ask you to pay, but he cannot force you to pay unless he sues you and wins, by proving in court by a preponderance of the evidence, or that it is more likely than not, that you took the money deliberately or caused it go missing through unreasonable carelessness or negligence. However, while you can't be forced to pay (or allow oaycheck deductions) unless you lose in court or agree to thepayment, an employer who believes you cost the employer money can terminate you.
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