Legal Question in Criminal Law in California

Shortages in tills, unknown cause

When working in a cash drawer, processing retail cash and check transcations and the drawer comes up ''short.'' (in other words the drawer does not balance with the number of receipts and transactions processed in the drawer), can your employer take the ''shortage'' amount out of the employees payroll check or require the employee to pay the shortage? I was told that this is not legal, and is known as ''forced balancing.'' And that it can be construed as an admission of guilt. Also, the employer made all employees sign a statement that read ''If your cash drawer is ever short in excess of $7.00, you MAY be responsible for paying the shortage out of your own funds. The disclaimer was a condition of employment.


Asked on 8/28/02, 5:42 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Shortages in tills, unknown cause

Contact the California State Labor Commission. they will investigate and take action if there is a violation of the law.

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Answered on 9/12/02, 3:12 pm
Terry A. Nelson Nelson & Lawless

Re: Shortages in tills, unknown cause

the employer may be violating the law by requiring employees to pay shortages. If you have had to do so, you should be able to recover the amounts paid, with interest and penalties.

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Answered on 9/02/02, 3:57 pm


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