Employer having to pay twice......

I am an owner of a company. My employees are responsible for certain policies and procedures of the company. Some of which entail returning product to the manufacturer's for credit and to track this process. Some items do not "seem" to get back for credit and I have to pay for the item.

Am I able to hold the employee financially responsible if there was no tracking for this item or never returned, but yet the item is nowhere to be found?

1 answer  |  asked Sep 14, 2006 7:52 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Deducting for Losses

New York State law severely limits the circumstances under which an employer can take deductions from employee wages. Generally, an employer may deduct only for what is required by law (such as withholding taxes) or for what an employee consents to.

If an employer believes an employee is improperly appropriating merchandise, the employer can certainly take disciplinary action, including suspension and removal. However, the employer risks violating New York State wage and hour laws if the employer deducts anything from wages earned by an employee.

posted by David M. Lira  |  Sep 15, 2006 09:18 AM [EST]

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