Legal Question in Employment Law in Oregon
who pays for counterfeit bills
I work at a restaurant and received payment with a counterfeit bill. my employer is demanding I pay for the loss.
1 Answer from Attorneys
Re: who pays for counterfeit bills
An employer is not permitted to charge you for counterfeit bills received by the business. To do so would be an illegal deduction from wages and could possible create a situation that would violate minimum wage laws as well. What the employer is entitled to do is discipline for carelessness, but that discipline cannot be financial in nature.
An employer also could terminate employment for accepting a counterfeit bill, even if it is not the fault of the employee. This is because employment in Oregon, as in many other states, is "at-will," which means the employer does not have to have a good reason, or even any reason, to terminate or to take other forms of adverse action against an employee, including creating a hostile environment. An action by an employer or its managers is illegal only if the decision breaches a contract of some sort, is discriminatory on the basis of some protected classification (such as age, race, disability, religion, national origin, sex, marital status, for example), is in retaliation for protected activity (such as whistle blowing, complaining about unpaid wages or overtime, bringing a claim against the employer, etc.), or is done in a particularly abusive way.
A termination for your refusal to pay for the counterfeit would likely be wrongful because the termination would be in retaliation for your exercise of your rights related to your role as an employee � i.e., your right not to have illegal deductions taken from your pay. You also would have an action under a statute for illegal deduction, under which your attorneys fees would be paid as well.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.