Legal Question in Business Law in California
cashier wages docked by employer for customers bad checks
A cashier contacted our agency because her boss deducted bad checks received from customers from the cashiers wages. She has been unable to get thru by phone to the labor board.
What should she do? Together 2 checks came to $1500.
5 Answers from Attorneys
Re: cashier wages docked by employer for customers bad checks
This is wrong and we can help you. Please contact our office at 714 363 0220 to set up an appointment for consultation and allow us to see your documents.
Re: cashier wages docked by employer for customers bad checks
She needs contact the labor board. If she is unable to do so by telephone, she should travel to the nearest office to file a complaint.
Re: cashier wages docked by employer for customers bad checks
An employer can only deduct for willful acts by the employee, mere negligence is not enough. The employer is completely wrong in this case. Let me know if I can be of more help. Paul
Re: cashier wages docked by employer for customers bad checks
who are you that the individual contacted you --- she nees an attorney to get her money ack form the employer as the employer is wrong and has no right to do this unless there is something more which you have failedto tell me --- i have dealt with emplyee problems for folkes for over 30 years and am in n. ca -- if you wish call me at 925-945-6000
Re: cashier wages docked by employer for customers bad checks
Labor Code section 221 seems to be the applicable provision. California courts have interpreted this law rather broadly to forbid unexpected paycheck deductions for things such as losses sustained through employee negligence. A leading case is Hudgins v. Nieman-Marcus Group, Inc. (1995) 34 Cal.App.4th 1109, holding that store could not dock paychecks for returned merchandise where, contrary to store policy, cashier failed to obtain customer name.
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