If money is missing from the register but it is not my fault, is it legal for my employer to ask/make me pay the missing amount?

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If money is missing from the register but it is not my fault, is it legal for my employer to ask/make me pay the missing amount?

There is money missing from the register. I had counted everything properly, only a dollar missing. How? I have no clue. Regardless, I opened register eith the amount expect since many customers leave their change and would fill it in. I’m the only one working today, although my manager came in to help and handled a few transactions. As I’m closing register, several hours later, I find that there is $40 missing from the register. Is it legal for him to ask of me to fill in the missing amount even though I counted all the money correctly, gave exact change back, and did not steal or misplace any of it?

Asked on June 12, 2018 under Employment Labor Law, Florida

Answers:

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

Answered 3 years ago | Contributor

As a general rule, so long as an employee still earns at least the minimum wage after such a deduction, there's no rule against charging them for a shortage. This is true if this has been existing company policy; if it is a new policy the employee can only be charged for shortages after such policy went into effect. However, some states require employers to get the employee's written consent before they can make this type of deduction from a paycheck. And a few states only allow such deductions from an employee who assumes responsibility for the loss or unless the employer can show that the worker acted dishonestly or negligently. Accordingly, unless you have a union agreement or employment contract that prohibits you from being held liable for a cash draw shortage, this action is legal. Bottom line, a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionale dscrimination). At this point, you can consult directly with a local employment law attorney for further advice.


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