Legal Question in Employment Law in Louisiana

The Subway in Wal-Mart 38797 opened in 2006. I was hired on April 14, 2006. The Subway in Wal-Mart 38797 had no cameras in the store. There have been many incidents of money missing over the last 3 years. Mike Ortego has been asked on many occasions to install cameras, one time he had someone come in for an estimate to install cameras, but the price was too high for him.

At the beginning of November 2009 Mike opened a new Subway and transferred Shelly and Vanessa to the new store. Mike made me manager of the Wal-Mart Subway. When he offered me the job (in the middle of October) he told me that I would get a $2 an hour raise. He told me that I would get the raise when I started the job. In the middle of October Shelly started training me as the manager. We got paid Friday October 30, mike told me that he gave me half of my $2 raise and I would receive the rest of the raise on the 15 of November. Shelly and Vanessa moved to the new store on Monday November 2 2009. I started as manager on that date.

I arrived at work on Monday November 9 around 7 am. I set the safe to open (it is a time delay safe so it takes around ten minutes to open after it is set). I then completed the bread and cookie lists. I then completed the Start of New Day. I made the prep list. The safe went off and I opened it. I brought the register up to $200. I did the deposit from Sunday night. I finished my paper work. I counted the 4 deposits from 11-5, 11-6, 11-7 and 11-8. I then put all 4 deposits in the bank bag and put it in the safe (which was left opened in case change was needed for the register). I was short-handed (I had only 2 other employees that could work that day). I called Shelly and asked her if she had an employee that wanted to earn some hours. She said yes. She told me that business was slow because Mike had not gotten the order for a credit card machine in time for the business� opening. I needed to go to one of Mikes other stores to get some food for my store. I called Flo on Ambassador around 10 am. I went to Flo�s store to get the things and Shelly�s store to pick up her employee Chassidy. We came back to my Subway finished the morning list. After lunch Shelly called me and told me that I could have Chassidy transferred to my store. She told me that Mike agreed to this arrangement. I grabbed the bank bag that I had placed the 4 deposits in (I did not check the bag to make sure that all 4 deposits were in the bag) and went to the bank. I came back from the bank and put the bank bag in the safe. I set the safe to lock it (it is a time delay safe so it takes around ten minutes to lock after it is set). The safe went off and I locked it. I finished my work and went home.

I arrived at work on Tuesday 11-10 around 7 am. I set the safe to open (it is a time delay safe so it takes around ten minutes to open after it is set). I then completed the bread and cookie lists. I then completed the Start of New Day. I made the prep list. The safe went off and I opened it. I brought the register up to $200. I took the deposit slips from the day before and placed them in Mike�s folder. I did not check to make sure there were 4 deposit slips. I did the deposit from the night before placed it into the bank bag and put the bag into the safe. I finished my paper work. I placed my food order and called it in to Doeryl. I then did my inventory. After lunch I made sure cash drawer had change and I locked the safe. I did not go to the bank on Tuesday. I entered in my inventory into the computer. I finished my work and went home.

I arrived at work on Wednesday 11-11 at around 6 am. I set the safe to open (it is a time delay safe so it takes around ten minutes to open after it is set). I then completed the bread and cookie lists. I then completed the Start of New Day. I made the prep list. The safe went off and I opened it. I brought the register up to $200. I calculated the weekly sales on the computer, fixed any miscalculations and then transmitted the sales to Head Quarters. I did the deposit from the night before and put it into the bag in the safe. The food truck arrived. I helped James put away the truck and helped finish the morning list. I called Doeryl�s to order deli paper and mustard for me and teriyaki sauce for Shelly Around 10:30 am I went to Flo�s store to return all that I had borrowed from her. After lunch I grabbed the bank bag to go to the bank (I forgot it was Veterans Day and the bank was closed). Stopped by Shelly�s store and dropped off a bag of Teriyaki sauce. I went back to subway dropped off the deposits. I set the safe to lock (it is a time delay safe so it takes around ten minutes to open after it is set). I went to Doeryl�s to pick up the order and brought it back to subway. On my way home I stopped at Shelly�s store and dropped off her teriyaki sauce.

I arrived at work around 7 am on Thursday 11-12. I set the safe to open (it is a time delay safe so it takes around ten minutes to open after it is set). I then completed the bread and cookie lists. I then completed the Start of New Day. I made the prep list. The safe went off and I opened it. I brought the register up to $200. Mike walked in grabbed his folder and asked me for the time sheets. I told him I was just starting them. He went to sit in the lobby. A few minutes later he walks back into the back room and tells me to come here. I go and sit at his table in the lobby. He tells me that the deposit for 11-5 is missing. I told him I had made all the deposits. I went back and finished the time sheets. Mike called Subway and said that he was at the bank and they had no record of the deposit. I was looking everywhere for either the deposit or the ticket. Mike came back to subway and told me I needed to find that deposit. He said he has been in business for 15 years and nothing like this has ever happened to him before. He told me I needed to go to the bank and find the money. I told mike I did not take the money. He then shook his head and said then prove it to me and find the money or do not come back. I went to Chase bank and talked to the customer service desk. They know me because over the years before I was made manager I would sometimes make the deposits for Shelly. Mike showed up at the bank. He was talking to customer service desk while another guy looked at the tapes for that day. They tried very hard for me but there was no deposit for 11-05. When I told Mike it was not there he told me to wait outside. I waited for him to come out. He walked out of the bank looked at me shook his head at me, and said your fired go home. Mike I He told me that he would take out half of it from my check because he knew I could not afford all of it taken out. I asked him about my uniforms he said I can not talk now I will talk to you later I got my stuff to take care of and walked away. I went back to Subway gathered all my things and gave Shelly my keys. I went home got the extra keys and brought them back to Subway.

Vanessa was made the manager. I called Subway on Friday 11-13 to see if the checks were in. Vanessa told me they were at the store. I asked her to put my check in the register drawer in case I came for my check after she had locked the safe. When I got to Subway to pick up my check Vanessa told me that Chassidy had been arrested for trying to steal $500 from the safe. She had hidden it in a chip bag and put it in the trash. Her job that day was lobby. On Monday 11-09 Chassidy�s job was lobby also.

My check was in an envelope and the envelope had a pink slip inside of it along with my check. The pink slip said that I was terminated for �Mishandling Company Funds�. My check was 5 hours short for Thursday 11-12 (I arrived at Subway around 7 am left at 12 pm after getting back from the bank when Mike fired me). The last dollar of my raise was not on my check. Mike had also taken $400 out of my check apparently for the missing deposit.

On Monday 11-16 I had to pay the rest of our rent. Due to the fact that Mike deducted the $400 from my check I was short for the rent. I needed $450, but could only pay $350. Now I have to pay a $20 late fee.

can he Take my money like that?


Asked on 11/24/09, 3:43 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

If they withheld money you earned then you have a claim. You need to sit down with a lawyer. If you had handled the money part of your managerial duties in as much detail as you wrote this question, and opened and closed the store each day, you would not have this problem. Not checking deposit slips etc. each time you touched the bag "they were in" is setting yourself up for problems. This proved it.

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Answered on 11/29/09, 9:37 am


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