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Forced to repay Cash Shortage

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  • Forced to repay Cash Shortage

    Is is legal for an employer in Texas to force you to repay cash shortage. It balanced the night before with witness and was then locked up. I repaid by personal check but they refused to write me and coworker a receipt for the money.
    Last edited by lwhite2295; 01-21-2009, 05:00 AM. Reason: did not include state

  • #2
    It cannot be deducted from your pay without your written authorization. You said you paid by personal check, though. I would give the Texas Workforce Commission a call and ask them. In some states (I'm not sure about Texas) "forcing" the employee to pay out of pocket is the same legally as deducting from pay.

    What would have happened if you had refused?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      It's still worth a call, but...

      Texas law (Texas Payday Law, Section 61 of Texas Labor Code) speaks to the payment of wages, and also discusses deduction(s) from wages. The implication is that once the wages are delivered to the employee, the employer's obligation is met. IOW, there is no prohibition in the law for an employer asking an employee to pay for damages or losses. The employee is free to refuse to do that.

      Then, you're back to Dr. Patty's salient question...


      • #4
        We were told pay the shortage or lose our job.


        • #5
          What might have been...

          If you've already paid the money to the employer, then the ship has sailed...

          However, IF you refuse to pay, and IF the employer terminates you as a result of the refusal, you MIGHT be able to construct an argument that you were wrongfully terminated for a reason that violates public policy. You'd have a very long road that way, I think. You'd want a competent attorney with you, and they'd want a large retainer, I believe.

          IF you refuse to pay, the employer MAY terminate, although I think most employers would rather not pay for recruiting and training someone to replace you.

          This is an exercise in speculation, and I don't generally play "what if?".


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