Legal Question in Employment Law in Florida
Employee signed a contract that they were responsible for their cash drawer. An employee accepted 3 checks from a customer buying items. The employee did not get any info on this customer (as instructed) and the checks bounced.
Can I withhold this employees payroll check or deduct the amounts of the 3 bounced checks from her payroll check?
1 Answer from Attorneys
To my knowledge, no. Your recourse is to fire the employee. If the employee was reckless or acted intentially (rather than just negligently), you can sue him for the funds. But, as an employer, you must still pay the employee -- even if his job was to take in money and he failed to do it properly.
Caveat: I'm not a labor and employment law guru. But, I worked for 10 years as a waitress, carrying my own bank every day, and money some times came up short or over, and I know my employer could not take my tips to cover a lost check. I also have employees of my own now. I am sure I would have to fire them before I could withhold money out of their paychecks, unless they defrauded me or embezzled.
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