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QuestionableTermination in Michigan

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  • QuestionableTermination in Michigan

    I have worked in the retail industry (one employer) for the past 10 years, and was promoted to Assistant Manager @ a new location right before the holidays. The company policy is 3 cash shortages/overages of $3 or more in a 6 month period and you are terminated. Over the holidays I had 2 overages/shortages, and last week I had one more, all less than $10, but greater than $3. On none of these instances did I myself count down the register at the end of the evening. In no instance did anyone else ring on the drawer, but it is possible money was taken by whoever closed the drawer. I opened the store that day, but I was not there to close. Am I still responsible for the shortage? Or is the person closing that day responsible?

  • #2
    Your employer can legally fire either or both of you, if that is the question. If you are asking with regards to reimbursement, I'll let Patty or DAW answer that.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Someone else closed out the drawer at the end of the day. If I wasn't there at the time of the register being closed, how am I held responsible?

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      • #4
        Even though you didn't close the drawer doesn't mean you weren't responsible
        for the shortage or can't be held responsible.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Most employment is "at will". The employer does not need to prove that someone did something to legally terminate their employment. The employer just cannot terminate someone for a reason prohibited by law.
          http://en.wikipedia.org/wiki/At-will
          http://employeeissues.com/wrongful_termination.htm

          Regarding the possible deduction or pay back, I can give you the federal law (FLSA) answer only. Under federal law, as long as minimum wage or overtime is not impacted, the action would be legal. MI is not my state, so no idea on MI specific law in this area.
          http://www.dol.gov/whd/regs/compliance/whdfs16.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Mi. does require written consent for this type of deduction.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Termination in michigan/mistakes happen

              might you have considered closing out before you left,otherwise you were a sitting duck for that sort of thing to happen. However remember this, some people know only rules-no humanity allowed. You are probably best out of there. It sounds dreadful but here's the key for your own feelings. Ask yourself if it will be of significance this time next year? Also learn that you have to take care of your self first and always.

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              • #8
                OP, file for unemployment ins. if you were terminated. The state will
                decide if you receive it or not.
                Last edited by Betty3; 03-07-2011, 08:08 PM.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Now what is this!!!!!

                  I'm 70, retired and do not live in michigan. thanks

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                  • #10
                    Originally posted by livelovelaughtrack View Post
                    I'm 70, retired and do not live in michigan. thanks
                    I wasn't talking to you. I was talking to the OP (original poster).
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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