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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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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