Am I liable to Pay back Money that was stolen by another Employee

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Am I liable to Pay back Money that was stolen by another Employee

A 700 Cash deposit for my job was stolen at work by another Employee. The
Cameras do NOT work and because it was last ‘Seen’ in my hands and it was my
shift, ive been given the ultimatum of paying the money back or get fired
pending police report being filed.

Asked on January 3, 2018 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were not at fault for losing the money (for it being stolen), you are not legally liable for the money. However, you can be liable through carelessness as well as being actively involved in the theft: if the money was in your hands and you did not keep it secure, that could make you liable for it. If you are liable for it--that is, if you were at fault in some way, even if only through carelessness, in its loss--if you do not voluntarily repay it, you could be sued.
Even without proof of your fault, the employer could terminate you if you refuse to repay the money, unless you have a written employment contract preventing this. Without a written contract, all employment is "employment at will" and you may be terminated at any time, for any reason--including refusing to repay money that the employer believes you were responsible for or which was in your keeping before it was stolen or lost.
And if the employer believes that you *may* have participated in the theft, they can file a police report: the police will then decide whether to investigate and/or the prosecutor will decide whether or not to bring charges. Anyone who thinks there may be a theft can bring it to the authorities and let them take it from there.
 


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