Legal Question in Employment Law in California
Fired for cashing the wrong payroll check
My mom accidentally cashed a coworker's payroll check 2 weeks in a row. She didn't notice the check wasn't in her name. They said she stole them (even though another coworker handed her the wrong check 2 weeks in a row). 1 week she got the coworker's check instead of her own, & the next week she received her own check & the coworker's. She thought it was a suppliment for her payroll because her other payroll check was short, which they have done before. The bank she cashed the check at didn't notice her checks were in a different name. They suspended her for a week & told her she had to pay the money back, which she did. They fired her anyway & she received a letter in the mail today from the company's attorney saying she had to pay an additional $350 for ''stealing'' the checks. She is set up with a payment plan. She has never had any other legal trouble. Were they correct in firing her, & can they make her pay additional money even though she paid all the money back for the for the extra check she received?
2 Answers from Attorneys
Re: Fired for cashing the wrong payroll check
Although your mom's actions may have been accidental, she was not entitled to receive another employee's paycheck. Accordingly, it is appropriate that she pay back the difference between what she did receive and what she should have received. Your question does not address whether she has been properly paid for her own work, but the only amount she should have to reimburse the Company for is the difference between what she should have received and what she actually did receive.
There should not be a civil penalty associated with this error as long as this mistake was promptly corrected. However, your mom should obtain a consultation from an attorney and have the letter from the company reviewed.
Re: Fired for cashing the wrong payroll check
Most employment relationships may be terminated "at-will", which means with or without cause. Unless your mother has reason to believe her employer fired her for an unlawful reason, which does not appear to be the case here, there is probably nothing she can do about the termination.
I see no reason why she has to pay her employer $350. I can only assume the employer is somehow claiming she cost it $350 but that seems a stretch. I think an explanation from the attorney is in order before she even considers paying them anything. Employees can only be required to pay for damage or loss to an employer for gross negligence or theft, which is what they must be saying. If this were truly an honest mistake, she should not have to pay anything. Perhaps, she could use this opportunity to negotiate for something more important...like changing her employment record from a termination to a resignation, so this doesn't impact her future employment.
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