What are my rights if f I’m the receptionist at a small nail salon and we were short $60 so my boss is taking it out of my paycheck?

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What are my rights if f I’m the receptionist at a small nail salon and we were short $60 so my boss is taking it out of my paycheck?

I keep track of everything on a computer spreadsheet and according to that we weren’t. She is taking the money out of my paycheck anyway. Isn’t this theft?

Asked on October 15, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer is not allowed to take or withhold any money from your paycheck without your agreement or consent (other than as required by law, that is--e.g. court ordered wage garnishment, certain tax payments, etc.).

If your employer thinks you cost her  money, she can, however--

1) Fire you, if you don't have an employment contract protecting your job; without a contract, you are an employee at will and may be fired at any time, for any reason, even reasons which are unfair or mistaken.

2) Sue you for the money if she thinks you were at fault in the loss--i.e. that you either took it deliberately, or lost it due to your unreasonable carelessness (negligence). This is unlikely to be cost-effective, however, for her.


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