Legal Question in Employment Law in Oregon
If I have employees continually making monetary mistakes when adding totals of product sold (which makes me wonder if they are trying to give things away) what kind of disciplinary action can I take as an employer besides firing them. Can I ask them to pay the difference (I know I cannot take it from them via there pay check). It's just getting way out of control and I need to fix it or it won't be worth staying in business.
1 Answer from Attorneys
An employer may not force employees to pay for mistakes. To do so likely would violate wage and hour law or constitute an unlawful deduction from wages. An employer is entitled to discipline employees, up to and including discharge, for any less than satisfactory performance, including those actions that cost the employer money. If an employee intentionally gives away product, he or she may be committing theft. In such a case, the employer may be able to bring a court action against the employee for recovery of the losses.
An employer should seek the advice of an experienced employment lawyer to determine the appropriate action in any given situation.
The above is not legal advice. It is offered for general discussion purposes only. For specific legal advice, consult an experience employment lawyer who can investigate and analyze the specific facts involved and provide specific advice.
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