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Is this Legal? How should we handle this?
My wife is a general manager over a restaurant. While we were on vacation earlier this month, there were other managers from different restaurants covering her shift. The safe came up about 280 short will we were gone. We came back and she was told by her boss the marketing director that the money will be coming from her check.
Asked on October 23, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They can't take the money from her (e.g. reduce or debit her paycheck) or legally force her to pay unless 1) she agrees to pay, or 2) they sue her for the money, prove she was at fault (e.g. careless lost it; or deliberately took), and get a judgment against her.
HOWEVER, unless she has a written employment contract protecting or guarantying her job in some way, she is an "employee at will." An employee at will may be fired for any reason, fair or unfair, at any time--including that the employer believes she is resonsible for what happened while on vacation. So while she can't be compelled to pay, she could be fired (or suspended, demoted, etc.) if the employer wants; given that, she may wish to consider agreeing to pay, if that satisfies them.
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