Can my employer require me to reimburse missing money?

My employer said that money is missing
from the bank account. He said that he
gave me the check to deposit, and that I
said I would. The check was never
deposited, and now he is saying I need to
reimburse the money.

Asked on March 23, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He can't take the money from your paycheck without your consent. But what he can do is:
1) He can fire you if he thinks you lost or stole money, and such a firing would be "for cause"--that is, you would not be eligible for unemployment benefits. He does not need to prove you cost him the money unless you have a written employment contract requiring proof for termination; otherwise, you are an "employee at will" and may be fired at the employer's whim.
2) He could sue you for the money, and if he can prove (e.g. by believable or credible testimony) that he gave you the check to deposit and it never made it to the bank, he'd likely win.
3) If he thinks you stole the check/money, he could try to file a police report and/or press charges--if the authorities also believe that you may have stolen it, you could face charges.


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