making employees pay back missing till money taken by a dismissed employee

[marletteus]

What is the name of your state? MI. An employee was caught taking money and not posting transactions in the computer. She was dismissed.Also money from the till 168.00 was missing. The employer wants the remaining employees to all chip in and replace the money. Can they do this?

 

[Beth3]

NO!!!! If this ex-employee stole money from them, their recourse is to file criminal charges and hope the judge orders restitution. If s/he doesn't, then they can file a civil claim.

If your employer is just being dumb about this because they're upset and/or doesn't realize that the law prohibits this, then I suggest you mention to your the boss privately that he's about to make a bad situation worse and what he's demanding is a violation of State wage and hour laws. If that doesn't cause him to back-track, then contact your State's Department of Labor and file a complaint.

 

[marletteus]

This employee admitts to taking the transaction cash from clients but does not admitt to taking the money in the till. It all points to her but no proof of it.

 

[Beth3]

Okay but that doesn't change anything. The employer is still free to file a criminal complaint against her and pursue restitution through a civil suit. And they STILL can't require the remaining employees to make up for the losses no matter who took the money.

 

[marletteus]

What will happen if I refuse to chip in the money? Can they fire me?

 

[Beth3]

Yes, you can be fired, but I expect that will be unlawful as your employer requiring you to make up the losses in the till is unlawful.

I suggest you contact your State's Department of Labor for further clarification on this. Each State's employment laws are different but I can think of no circumstances in which any State allows employees who have not been conclusively found to have stolen money or company property to be required to make good on the employer's losses. By contacting your State's DOL, you'll know exactly what your State's position is on this as well as what your rights are should your employer terminate you for refusing.

 

[marletteus]

Well, to bring you up to speed on my situtation yesterday the manager asked me for my portion of the missing till money and told me if I didn't pay it , it would come out of her check. I told her that she shouldn't have to pay it either. So far I've been avoiding the corporate offices. Thanks for your advice!