Can an employer charge an employee for a lost paycheck?

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Can an employer charge an employee for a lost paycheck?

Asked on December 26, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the employee was negligent, or careless, in losing the paycheck, and as a result, the employer incurred some costs (e.g. stop check fee; a service fee to its payroll processor), the employer can expect the employer to reimburse it for those costs. If the employee does not voluntarily pay the employer, the employer cannot take the money from the employee's pay--but it could fire him or her (assuming there is not employment contract preventing this) and/or sue the employee (including in small claims court) for the money.

If the employee was not negligent or otherwise at fault, he or she would not legally be required to repay; but if there is no employment contract, the employer could still elect to fire him or her, since without an employment contract, the employee is an employee at will and may be fired at any time, for any reason.


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