Our store was robbed and it was caught on camera, the guy was caught, and i was made to pay for it until he paid it back, then i could get my money back or i was going to get fired. Is that legal?? I still have not got my money and i no longer work there.

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Our store was robbed and it was caught on camera, the guy was caught, and i was made to pay for it until he paid it back, then i could get my money back or i was going to get fired. Is that legal?? I still have not got my money and i no longer work there.

I was working at a Christian thrift store and a young man doing community service
stole 60.00 out of the office while i was outside locking up the warehouse. It
was caught on our cameras.Cops were called and he got arrested and charged. I was
told that because it was on my watch I had to pay it back, but when he paid the
restitution i would receive my money back. I didn’t think that was fair, but i
didn’t want to loose my job so i did pay the money. It has been since before
Christmas of last year. I have contacted the courts and they said they cant give
me no information because I’m not the one he stole from. When i contact my old
job, which is where it happened, because i no longer work there, they just keep
saying i will get my money when they get it.They courts, in a round about way
suggested i should seek outside help in this manner. It feels like I am getting
the run-a-round.Can you please help me?

Asked on July 24, 2016 under Employment Labor Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You were in a bind: the employer actually could not make you pay without suing you for the money and proving you were at fault (e.g. unreasonably careless) in allowing or causing the theft--but if you did not have a contract, they could choose to fire you for a theft happening on your watch, because without a contract, you could be fired for any reason at all, no matter how unfair. You decided to pay and keep your job, which was likely the better choice; now, though, there is nothing cost effective you can do for $60, since to get your money from the employer, you'd have to sue them for it and prove they received restitution--and the cost of filing even a small claims case would be more-or-less equal to the amount of money you'd get back. There is no good way to get your money; you may need to simply accept that you paid $60 to retain your job.


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