Legal Question in Employment Law in Florida
Missing Money At Work
Hello,
I recently had a problem with the owner of the business I work for involving money that came up missing.
This is what happened. I collected $125 from a customer. He counted it out to me, and I counted it back out to him. I then put it with my daily work.
Before I turned in my work, I recounted the money and clipped it with the invoice. I then put my work in my box, as we have always been instructed to do. There is no turning in work and having it checked while we are standing there. The work stays in our box for up to 4 hours before his wife takes it out and goes through it.
To make a long story short, everyone has access to our boxes, and money came up missing from that invoice. He claims I counted it wrong and says that I must pay him back or I will be fired.
Do I have any recourse other than to pay him back?
Thank you for your help.
1 Answer from Attorneys
Re: Missing Money At Work
Unfortunately not. Even if he is wrong, he can still discharge you because you are an at-will employee (no contract, I assume)and there is no law against it.
If there are any surveillance cameras, ask him to check to see what happened. If you suspect someone else took the money, ask him to speak with that person.
You might have a defamation claim since he is accusing you of stealing, but it is a hard case since it is your word against his. And it would be time-consuming and expensive to pursue, so I do not recommend it.
If it is difficult for you to pay back the money but you want to, perhaps you could do so in increments, or work extra hours to make up the difference. In any case, do not admit to the theft if you did not do it. Make it clear that you are paying the money, if you do so, to keep your job but are not admitting anything.
If you are fired, you can collect unemployment. Make it clear to the unemployment people that you are unjustly accused of theft, deny it flatly, and there is absolutely no proof against you - just the shopkeeper's opinion.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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