Legal Question in Employment Law in California

cash shortage

I've been working at a clothing store as a sales associate/cashier for almost three years now. I've never in those three years been short on the cash register. Until the beginning of this year I was short some money. How? I don't know. The owners told me that I had to pay that money out of my pocket. Now, don't I have the right to one warning at least? Do I have to pay them back? Can they fire me if I decide not to pay them?


Asked on 4/19/04, 10:29 pm

2 Answers from Attorneys

Scott Cole Scott Cole & Associates, APC

Re: cash shortage

Your employer may not require you to pay back money unless the shortage was the result of gross negligence or intentional conduct on your part. If the company is doing this to other workers, we would be very interested in talking to you at your earliest convenience. We can be contacted at (510) 891-9800.

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Answered on 4/22/04, 11:32 am
Terry A. Nelson Nelson & Lawless

Re: cash shortage

Unless they can prove you stole the money, rather than simple negligence, they can not make you pay it back. Even if you stole it, they have to take legal action in order to get it back. However, they can fire you whether you refuse or not. Sorry.

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Answered on 4/20/04, 5:41 pm


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