Is my mother's employer wrong?

[jrohio99]

The state is OHIO. My mother works for a small Marathon station. She's a manager there and her employer is a man who owns a few of the gas stations in our rural home town. She only makes like $6 an hour and the man is pretty much a monopoly there. There is not many jobs, actually I'd be surprised if there was any available at all. Anyway, the problem is that my mother and and all her co workers were brought in for a meeting today and the manager made them sign a paper(or lose their jobs) stating that whenever a check from a customer bounces it will be withdrawn from the employee's paycheck and after so many, they will be fired(even if they do the precautions and get the info they're supposed to when accepting a check). Now, this is a small town and they don't have the check system to run a check thru, so they must do the drivers license bit and all that and write it on the check. None of them spoke up because being in such a small town and no other way to make money, they need their jobs. I feel he knows this very well and is exploiting the situation. Is this legal? Can an employer do this? Should they have not signed those papers, though they were forced by threat of losing their job?

Any advice would be appreciated.

Thanks

 

[I AM ALWAYS LIABLE]

The state is OHIO. My mother works for a small Marathon station. She's a manager there and her employer is a man who owns a few of the gas stations in our rural home town. She only makes like $6 an hour and the man is pretty much a monopoly there. There is not many jobs, actually I'd be surprised if there was any available at all. Anyway, the problem is that my mother and and all her co workers were brought in for a meeting today and the manager made them sign a paper(or lose their jobs) stating that whenever a check from a customer bounces it will be withdrawn from the employee's paycheck and after so many, they will be fired(even if they do the precautions and get the info they're supposed to when accepting a check). Now, this is a small town and they don't have the check system to run a check thru, so they must do the drivers license bit and all that and write it on the check. None of them spoke up because being in such a small town and no other way to make money, they need their jobs. I feel he knows this very well and is exploiting the situation. Is this legal? Can an employer do this? Should they have not signed those papers, though they were forced by threat of losing their job?

Any advice would be appreciated.

Thanks

My response:

Okay, let's assume for the moment, that it's extremely unlawful for an employer to do this. What do you think your mother would do if it was unlawful? Report him? Have another meeting to complain?

Even if he was questioned about this, he'd deny it, and your mother has no proof that the meeting ever happened or that she signed such an agreement.

Now what? Your move.

IAAL

 

[panzertanker]

The state is OHIO. My mother works for a small Marathon station. She's a manager there and her employer is a man who owns a few of the gas stations in our rural home town. She only makes like $6 an hour and the man is pretty much a monopoly there. There is not many jobs, actually I'd be surprised if there was any available at all. Anyway, the problem is that my mother and and all her co workers were brought in for a meeting today and the manager made them sign a paper(or lose their jobs) stating that whenever a check from a customer bounces it will be withdrawn from the employee's paycheck and after so many, they will be fired(even if they do the precautions and get the info they're supposed to when accepting a check). Now, this is a small town and they don't have the check system to run a check thru, so they must do the drivers license bit and all that and write it on the check. None of them spoke up because being in such a small town and no other way to make money, they need their jobs. I feel he knows this very well and is exploiting the situation. Is this legal? Can an employer do this? Should they have not signed those papers, though they were forced by threat of losing their job?

Any advice would be appreciated.

Thanks

Did she get a copy of the signed agreement she made?

 

[jrohio99]

No she didn't

Nope, she didn't get a copy. They were all just gathered up and told to sign it. She is not sure what to do. She only makes $193 per week and if he makes them do that, there won't be much left. If they take all the necessary precautions and do what they're told when accpeting a check, I don't think it's fair for him to do that. But even if she did have a copy etc and could prove it, would it be legal?

 

[cbg]

I'm going to split a couple of hairs here.

So far, the employer has done nothing illegal. There is nothing in the law that says he can't call his employees together and require them to sign a statement that they agree to have shortages deducted from their pay.

It MAY be illegal for him to actually make such a deduction. According to my source, Ohio law permits deduction for damages in some (but not all) circumstances; prohibits deductions from a minor's wages for misconduct, breakage, or incompetence, but is silent on the question of deductions for shortages.

IF such a deduction is actually made, the employee in question can contact the Ohio Department of Labor and complain. The state DOL will determine if such a deduction is legal and will take the appropriate steps if it is not. They cannot make a complaint before he actually makes a deduction.

It is perfectly legal to fire someone for having too many bounced checks, even if they took all the appropriate precautions. If someone is fired because too many checks they accepted bounced, that is entirely legal and they will have no legal recourse, even if they can prove beyond the shadow of any possible doubt that they did everything they were supposed to do for each and every check.