if a cashier is passed a counterfeit bill, can employer cut it from check?

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if a cashier is passed a counterfeit bill, can employer cut it from check?

Cashier at a gas station, required to
mark large bills with counterfeit
detection pen. If the bill marks good
but is later deemed counterfeit at the
bank, is the cashier responsible to pay
it back to employer? Alabama.

Asked on November 10, 2016 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you did what you were supposed to do and used the detection pen, then you are not liable, or responsible for the money, at all: you were, in this case, not negligent (careless) and not at fault, and if the manager takes money from you, you could successfully sue (such as in small claims court) for its return. 
If you failed to use the detection pen when you should have, then you were negligent or careless and so are liable, or responsible, for the money. The employer still can't simply take it from your paycheck, unless you agree to let them do so, and if they do, could file a complaint with the department of labor and/or sue. On the other hand, if you do that, they may countersue for the money and possible court costs  and will almost certainly win, and may take other action againt you (e.g. fire you). If you were at fault, you may be best off letting them have the money.


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