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Old 11-18-2008, 05:50 PM
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Default Employee to pay back cash shortage

My husband works in a tipped position, where each employee is responsible for their own drawer and inventory. However, the company has had numerous problems with other employees stealing inventory from other employees (alcohol) to sell at their bar to make all profit. My husband had $50 worth of inventory stolen from him.

The night he was working, the manager recognized it was stolen, and told him not to worry about it. When he took the position he was told that shortages were not to be paid by employees (drawers would be routinely $40-50 short or more).

Now because so many others have been stealing, he was told (the day after) that HR has enacted a new policy that it has to be paid back. He was forced to pay back, in cash, on the spot. I know the NC Wage and Hour Act, and how illegal this whole thing is, but here are my questions:

-Can they retroactively deduct pay? If no written notice was given before the deduction, he was told not to worry about the shortage, and no one was informed about the policy, can they still take his money or will it have to be paid back?

- If other employees haven't been made to pay back shortages, can he still be held liable?

-Can they still take the money if they give a notice now, wait seven days, and then deduct it?

Any help would be much appreciated.
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Old 11-18-2008, 06:58 PM
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if they deduct pay call labor board ASAP let them handle it and he should look for other work because his current job is too shady.
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Old 11-18-2008, 07:19 PM
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Agreed let the labor board handle it and move on.
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Old 11-18-2008, 08:17 PM
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Employees are not liable to make up shortages. Most legit firms would just release you of your duties. This is only done after putting it in writing.
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