Can the employer ask me to pay for a lost badge?

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Can the employer ask me to pay for a lost badge?

The company I work for asked me to pay for an access badge that I lost. They don’t force me but they refuse to give me a new badge unless I pay.Is this legal?I’m an excempt employee making more than the minimum salary, would my status change to non-excempt if I agree to pay?

Asked on March 6, 2018 under Employment Labor Law, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

First of all, paying for a badge will in no way affect your status as an exempt employee. Secondly, an employer can require that an employee pay for lost or damaged equipment, which your badge would be considered to be. Accordingly if you don't pay, then your employer can refuse to give you a new badge. The fact is that most work is "at will" which means that a company can set the conditions of employment much as it sees fit absent some form of actionable discrimination or action breach of the terms of a union agreement or employment contract.

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

Answered 3 years ago | Contributor

First of all, paying for a badge will in no way affect your status as an exempt employee. Secondly, an employer can require that an employee pay for lost or damaged equipment, which your badge would be considered to be. Accordingly if you don't pay, then your employer can refuse to give you a new badge. The fact is that most work is "at will" which means that a company can set the conditions of employment much as it sees fit absent some form of actionable discrimination or action breach of the terms of a union agreement or employment contract.


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