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Old 06-19-2008, 10:16 PM   #1
Demon
 
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Today I got an email from our CFO at work. It said that two deposits from 5/15 and 5/17 were never deposited in the bank and I am being held responsible for the funds. He had a form attached for me to sign and return stating he can take the funds from my pay, which I did not sign. Here are my questions.... Can they legally take the funds if I do not sign the authorization form? If they still withhold funds without the authorization to I have an recourse to get the money? And, no, I did not take the money.

 
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Old 06-19-2008, 10:24 PM   #2
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As your employer, he can probably withhold pay for a variety of reasons with or without your consent. I think you need to address the root cause, first. Do you have any record of the transactions or any way to prove that the funds are not lost as a result of your actions?
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Old 06-19-2008, 10:27 PM   #3
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Unless a statute says otherwise (and I doubt it does), he cannot withhold past earnings without your consent. It's a breach of contract. He can however fire you for not agreeing to it, lower your pay to make the money back, or press charges with the police.

I agree with Yuri though that you need to get to the root cause of this. How much money are we talking about here anyway?
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Old 06-19-2008, 10:38 PM   #4
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$1041

I have told him I refuse to sign anything and want to see bank deposit records and cashout logs. I had actually put in my 2 weeks notice a few hours prior to this happening, however I am told that he did not know this yet (which I doubt).

 
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Old 06-19-2008, 10:41 PM   #5
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Man that sucks. Best of luck Demon...
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Old 06-19-2008, 10:49 PM   #6
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If the situation is unrecoverable, walk off the job and tell him he can keep the money you'd have earned for the remainder of the two weeks.
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Old 06-19-2008, 10:55 PM   #7
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I certainly wouldn't use that as my first course of action, though. Sounds like you're basically being accused of theft; last thing you need is to get arrested, or just as bad your new employer to hear of this. Find out WTF happened!
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Old 06-19-2008, 10:55 PM   #8
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I have accounted for one of the missing deposits. I found a computer error with the cashout. So one down, one to go.

 
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Old 06-19-2008, 11:11 PM   #9
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Yeah--- good thing that you're quitting. That kind of irresponsible response from that boss indicates that they are prone to over-reaction to issues.


And as for cash withholding--- that widely varies state to state. In some states they can't touch your paycheck without your express consent or a legal judgment.

Don't sign anything, even at separation, that you aren't absolutely sure you are required by law to sign. Keep helping them find their mistake. Ride out your time if you can do so without risk.

Consult a lawyer. Most of the time a lawyer will do an initial consult for free. Call the local BAR for a referral to one that specializes in labor law-- specifically protecting workers from companies.
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Old 06-19-2008, 11:17 PM   #10
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Found a way out of the second one.... Our company policy states that the person opening the store is responsible for making the previous days deposit, which is prepared and put in an envelope by whomever closes the previous evening. I just checked the cash/deposit log and found that the person who closed that night entered the full count as $200 and the after deposit count as $200. That right there shows that a deposit was never prepared. I can't be expected to deposit something that isn't there.

 
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