What to do if my previous employer is trying to make me pay for tools that other employees have had access to and use?

UPDATED: Jan 12, 2012

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What to do if my previous employer is trying to make me pay for tools that other employees have had access to and use?

When I was terminated my employer stated he was going to go through all the receipts and hold me responsible for all the tools that were purchased by myself. Other employees have/had access to these tools and used/use them.

Asked on January 12, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the employer feels you lost, stole, or destroyed the tools, the employer can ask you to reimburse it for them. If you refuse to do so, the employer can sue you and try to prove in court that you were responsible for the loss. You, in turn, could present your own evidence and testimony showing that you were not, and the court would decide who is more creidble and whether you are responsible.

The employer may  not simply withhold any money owed you, like a final paycheck; it can ask you for the money, and even sue you if it wants, but it has to pay you any compensation you earned.

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