Can an employer ask an employee to back cash shortages?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer ask an employee to back cash shortages?

I have. And a few cash shortages.

Asked on April 6, 2016 under Employment Labor Law, Alabama

Answers:

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

Answered 4 years ago | Contributor

So long as the employee still earns at least the minimum wage after paying for a cash shortage, there's no rule against charging an employee for it. This is true as long as this is, and has been, company policy. If it is a new policy, an employee can be charged for such shortages only after the policy went into effect. In other words, they cannot be charged retroactively. Additionally, some states require employers to get their employee's written consent if they want to make a deduction from the employee's paycheck. And a minority of states only allow such deductions from an employee who takes responsibility for the loss, or if the employer can show that the employee acted negligently or dishonestly.
Also, if you have an employment contract or union agreement that prohibits this action or your treatment constitutes some form of actionable discrimination, then you may have a claim. To be sure, 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption