Can an employer take a till shortage out of an employee’s paycheck?

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Can an employer take a till shortage out of an employee’s paycheck?

Has not happened yet, was given a pieces of paper to sign that said if my drawer was short it would come out of my paycheck. I have not signed yet. My concern is that so far when I come on shift others have been in the drawer before me, so there is no information that is was me that might have been short.

Asked on June 12, 2016 under Employment Labor Law, Nebraska

Answers:

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

Answered 8 years ago | Contributor

An employer can only make such a deduction if an employee expressly agrees to it in writing. Otherwise, if an employer thinks that it is owed money by an employee, it will either have to get the employee to voluntarily pay it or else they can sue the employee in small claims court to collect. The fact is that most employment is "at will" which means that an employer can set the conditions of work much as it sees fit. This is true unless such an action violates company policy, a union agreement or employment contract. Also, the employee's treatment cannot constitute some form of legally actionable discrimination. Just be aware that, if you refuse to sign the paper, you risk termination since a company can discharge a worker for any reason or no reason at all.


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