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.


Asked on 8/05/03, 7:01 pm

5 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 8/05/03, 7:05 pm
Roy Hoffman Law Offices of Roy A. Hoffman

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.

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Answered on 8/05/03, 7:07 pm
Paul Trump, Esq. Law Office of Paul D. Trump

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

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Answered on 8/05/03, 7:08 pm
Michael Olden Law Offices of Michael A. Olden

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

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Answered on 8/05/03, 7:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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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Answered on 8/05/03, 9:11 pm


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