Legal Question in Employment Law in Florida
Deducting money from an employees paycheck
Short and sweet: I fired an employee for being involved in stealing animals from my pet store. She was not the one stealing but knew the people and allowed them too. When the theives where caught and arrested, they stated to the police that she allowed them to do this. The last thing that was stolen was not returned and therefore, I docked her final paycheck the $42.00 (my cost) for the stolen aniaml since she was responsible for it. Can I legally do this, she is threatening to sue me. THanks
1 Answer from Attorneys
Re: Deducting money from an employees paycheck
Is it worth $42 to fight her claim?
She may be ultimately responsible, but she did not take the animal and did not benefit from the theft, as it appears.
Withholding shorts or losses from employee paychecks could create liability under the FLSA if the final check results in less than the minimum wage for the hours worked.
Unless there was some sort of agreement or understanding that employees must reimburse missing money without proof they are responsible could give the employee a cause of action.
In Florida, an action for wages entitles the prevailing party to attorneys fees, so if the employee wins, she will get her $42 and you will have to pay her attorney fees.
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