Is there any law against a manager preventing an accountable employee from being present while the employee’s money is counted?

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Is there any law against a manager preventing an accountable employee from being present while the employee’s money is counted?

I spend my shifts delivering food and collecting money from customers. At the end of my shift I have to turn the money over for my manager to count. She will not allow me to be present while the money is counted, saying that I ‘need to keep busy’ and perform other tasks. I find this frustrating because ultimately the money is my responsibility and any shortage comes out of my pay. Is this legal?

Asked on July 16, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

Unfortunately, there is no state statute or other law that governs a situation such as yours. An employer can set the terms of employment much as it sees fit. This includes whether or not to allow an employee to be present during the counting of their money drawer. The foregoing holds true absent an employment contract or union/collective bargaining agreement to the contrary. Also, this action must not constitute some form of legally actionable discrimination (which it does not appear to).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is perfectly legal. There is no law requiring employees to be present while their money or other assets are counted, and employers are free to set workplace rules, policies, and procedures. An employer can decide who performs this function, and it does not have to include you.


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