Returned check? Can the employer make you pay if you were the one that accepted it?

My employer has recently instated a new policy on our acceptance of checks. If the employee accepts a check from a client for goods and services and they don't get a driver's license number and the check is returned, the employer will hold the employee financially responsible for the amount of the the invoice that the check was written for. Now, this is an indication of the poor ethics of the employer, but is it legal? Could the employee pursue the client for payment? Could the employee sue the employer if the employee is made to pay for the invoice?

Also, my employer has declared several times that she will "confiscate" cell phones if an employee is found texting and will charge a fee to retrieve personal articles left by the employee at the clinic. Can she do that?

I know that my boss is crazy, but is she advocating policies that are illegal?

1 answer  |  asked Sep 9, 2009 7:05 PM [EST]  |  applies to Texas

Answers (1)

Thad Harkins
The employer can have a policy requiring employees to cover any shortages, and with a proper signed authorization pursuant to that policy, they can make deductions from your pay for this ( www.statutes.legis.state.tx.us/Docs/LA/htm/LA.61.htm#61.018 ), as long as they don't deduct so much as to bring you below minimum wage
( http://www.dol.gov/compliance/topics/wages-minimum-wage.htm ). If they only give you this policy or try to force you to authorize deductions after the bad check, you might be able to quit, claiming you were forced to quit because of a change in hiring terms, though this is not always clear when it's relatively minor in terms of effect on your pay, and is fact specific, per TWC precedents, so don't assume you'll get unemployment if you quit over this. You can call the TWC Commissioner Representing Labor to see if this is a material change under their guidelines, before jumping off this cliff... ( www.twc.state.tx.us/svcs/commrs/laborcommr.html )
As for the confiscation of cell phones, I'm not sure whether taking it to hold to the end of the shift would be a violation of your rights, if it's not part of your uniform/equipment, especially since it's a clinic and there might be safety issues for you to stay focused on your work, but certainly denying you access or controlling use in your breaks/lunch might be an invasion of privacy.

Charging a fee to retrieve personal items left at work sounds pretty silly, unless there's a real burden, like a manager having to drive back to the clinic after hours to unlock it, or the job demands of the person who has to stop what they're doing to go find the "lost and found" item make it costly for the the clinic's profitability, but unfortunately as long as they don't violate the Texas or federal statutes governing minimum wage and deduction authorizations, it's probably legal to have such a policy.

Sounds like you need to get your resume out, as this is a tough workplace environment.

posted by Thad Harkins  |  Sep 10, 2009 6:56 PM [EST]

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