Is it legal for an employer to deduct money from an employee’s commission check for missing inventory?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for an employer to deduct money from an employee’s commission check for missing inventory?

My employer stated that if the employees did not pay for the missing inventory that was not stolen she would take it out of our commission checks. The employees have not agreed to this and have no consent. We were told that if we did not pay we could turn in our store keys to her.

Asked on April 20, 2017 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She cannot take it out of your pay without your consent, BUT she can give you the choice: consent or be terminated. That is legal (unless you have an employment contract protecting your employment and preventing termination in this case) because an employer can terminate an employee *any* time, for *any* reason--including for not repaying the cost of allegedly missing inventory. If you refuse, she can fire you, but cannot get the money for the inventory from you unless she were to sue you and win, by proving in court that you had been at fault and responsible for the inventory loss.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption