Can an employer dock your pay if someone else is embezzling money?

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Can an employer dock your pay if someone else is embezzling money?

My daughter is a restaurant manager and her assistant manager was in charge of making the nightly bank deposits on nights she closed. The assistant manager didnt make 5 of the deposits now my daughter is being docked for the missing deposits

Asked on August 9, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, the law is clear that an employer may NOT dock or withhold employee pay without either 1) employee consent (permission or agreement) to do so; or 2) a court order (such as a wage garnishment order). If the employer believes that your daugher was at fault in some way for this, such as by being negligent, or careless, in how she supervised her assistant manager and his deposits, then the owner does have the right to sue her for the money...but to get it, would have to prove in court that she was at fault in its loss. In the meantime, your daughter could contact the state department of labor to file a complaint about her pay being docked, and/or sue the employer (e.g. in small claims court, as her own attorney or "pro se" to avoid legal fees) for her pay.


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