Legal Question in Employment Law in California
CA Labor LAw
My employer, a retailer in San Diego is asking each employee that worked a particular shift to pay a part of a shortage in the register. Can they do that? The amount is $40.
5 Answers from Attorneys
Re: CA Labor LAw
The employer cannot generally require an employee to take responsibility for these kind of losses pursuant to CA Labor Code section 2802.
Re: CA Labor LAw
The employer violates California Law by making any employee pay for shortages unless the employee engaged in gross negligence. This is a high standard requiring a strong showing by the employer that the employee is guilty of culpable conduct. Since the employer can't prove who did it, charging a group for th eloss is unlawful. A claim to the labor commissioner would be the appropriate remedy.
Re: CA Labor LAw
They can fire those who will not agree to it with immunity. If you dissagree, best go along with it, then make a complaint with the Labor Commissioner at 7878 Metropolitan Way, SD, CA 92108.
Re: CA Labor LAw
An employer can do whatever it wants to. The question is whether what they do is legal. In this situation it is not. The next question is what do you do, if you want to keep your job. Send me a private email, and I will then forward my phone number, or call me in San Francisco -- free advice.
Good luck.
Re: CA Labor LAw
They can not make anyone pay shortages unless they can prove essentially theft. They can fire you all if they chose to, on suspicion of theft; you are all 'at will'. That would be a poor business decision.
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