Legal Question in Employment Law in Pennsylvania

i have worked for the same company 6 years - no trouble - very good history -

3weeks ago I was handed 85 dollars from a customer - we normally do not take cash in office

I placed it on my desk - at closing I called my boss/owner and ran through the day over the phone - I told him about the money in my desk - then left - 3 weeks go by - he's barely in the office over that time - He eventually asks about the money - when questioned - I realized that I had forgotten all about it - I searched my desk over - I could not find it - I can't think of where I put it - or even if I mistakenly threw it away - He wants me to replace the money - He's holding me responsible for it - The office only has 3 people in - the owner - the manager (there 11 years) and myself (there 6 years) - i didn't just take the money - I'm not sure where it is - Do i need to pay him the 85 dollars - am i responsible


Asked on 3/30/10, 1:38 am

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

Ouch. He can't withhold your pay in an effort to recoup the money. If you are not a union shop, you are an employee at will and he could, conceivably, discipline you by means of a suspension or termination.

If you get fired, I think you have a very viable claim for unemployment compensation. The service center may deny your claim on initial application. If it does, you should appeal and ask for a hearing before a referee. Most referees would rule in your favor on these facts.

Are you legally responsible to repay him the money? No. Morally responsible? In my mind, your boss is just as much to blame because he failed to follow up with you after being told. He did not object to you putting it in your desk, where anyone (cleaners?) could have taken it. Stick to your guns.

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Answered on 4/09/10, 11:34 am


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