Is it legal for an employer to deduct money from an employee’s commission check for missing inventory?
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Is it legal for an employer to deduct money from an employee’s commission check for missing inventory?
My employer stated that if the employees did not pay for the missing inventory that was not stolen she would take it out of our commission checks. The employees have not agreed to this and have no consent. We were told that if we did not pay we could turn in our store keys to her.
Asked on April 20, 2017 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
She cannot take it out of your pay without your consent, BUT she can give you the choice: consent or be terminated. That is legal (unless you have an employment contract protecting your employment and preventing termination in this case) because an employer can terminate an employee *any* time, for *any* reason--including for not repaying the cost of allegedly missing inventory. If you refuse, she can fire you, but cannot get the money for the inventory from you unless she were to sue you and win, by proving in court that you had been at fault and responsible for the inventory loss.
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