Docking pay for missing money

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Docking pay for missing money

Can an employer make everyone pitch in money to cover a deposit that came up
short? Even on a day when I didn’t work or have anything to do with the deposit?
Can I be fired if I refuse to pay?

Asked on June 27, 2016 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Generally speaking, there is no rule against charging an employee to make up for a shortage (although some states only allow it in cases of intentional misconduct or gross negligence). This is true so long as this has been existing company policy. If it is a new policy, the employee can only be charged for shortages after the new policy went into effect. That having been said, an employer must get the employee's written consent before they can make this type of deduction from the employee's paycheck (unless there has been illegal or gross misconduct). If an employee does not voluntarily pay back a shortage (or as in your case chip in for it), the the employeer must sue the employee in small claims court. The foregoing holds true regarding liability for shortages unless the worker has an employment contract or union agreement that prohibits them from being held liable or doing so constitutes some form of actionable discrimination. Finally, in an "at will" workplace, an employor can set the terms and conditions much as it sees fit. This includes when and why to fire an employee. In fact, an employee can be fired for not helping to make up a shortage, for any reason or for no reason at all (again subject to discrimination or contractual limitations). To be certain of your rights under specific state law, you can consult directly with an employment law attorney in your area.


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.

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