Legal Question in Business Law in New Jersey

As a Franchise Attorney I can say ultimately it is the employers responsibility - unless it can be proven that a specific employee is stealing. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

While I might agree with Kevin, since the drawer is used by many employees, depending if the employer has some policy regarding shortages, it would seem the responsibility might fall on all employees allowed access, equally, This is why many places have separate drawers for employees who are allowed to use them. If it was a small amount, most employers would absorb the shortage; especially on a busy day. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

I think both Walter and Kevin's comments have merit. Also consider: (1) each employee is responsible for his/her crimes, so if you think theft is involved, you may wish to file a police report and (2) if your employees are at-will employees, you can fire them at any time for no or any reason, including a suspicion of theft. However, do not "publicly" accuse an employee of theft unless your certain. You could expose yourself to a defamation suit. Having owned and operated a business for 18 years prior to practicing law, I can't stress how important it is to institute accounting controls to prevent theft and establish accountability. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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