employee paying back short funds

drorlandoFla · October 2003

I have a question? In Florida, can we hold a cashier responsible for having their drawer short and being made to pay back the difference? I've heard of waiters and waiteress having to pay when people walk out without paying, but for a cashier is their an employment law that covers this? is it legal or can a company do this? Any help will be appreciated.

Thank you
Dean

deniseE · October 2003

This may come down to a company policy and the equality with which the policy is enforced. If the policy stipulates that any shortage must be paid by the employee...then follow it. However, be certain that the employee responsible is the only one with access to the drawer. My brother was recently fired from his high school minimum wage job because his drawer was always short....boss later realized that it was another employee...but he gave all employees open access to the register....

JM in ATL · October 2003

You can not garnish an employee's wages without his or her consent. And even if they give consent you can not garnish the wages to an amount less than minimum wage.

drorlandoFla · October 2003

This is not done as a garnishment. what has been brought to my attention is that the finance department sends the cashier a invoice of the amount they owe for having the drawer short. Every cashier has a long in name and is responsible for their own cash drawer. I just was asking is this legal and can a employee be made to pay this back. I have not heard this before and it is not in our handbook as such. What do you think? do you have any place where this can be looked up?

Don D · October 2003

When you dock wages, that is an attachment of wages, which amounts to a garnishment. You should check with a Florida labor law attorney about Florida law. Even things that are common practice in industries such as the restrurant industry, are often still illegal. Be sure you get a legal opinion before you launch out and adopt this as a practice.

mwild31 · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-06-03 AT 04:27PM (CST)[/font][p]Okay - from my limited time on research - it would appear that Florida follows the Federal rules in regards to FLSA. The federal link that probably applies is (it starts off with uniform info - but read on): [url]http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm[/url]

Also, you can contact Florida's offices for free! Here's there information:

For Wage and Hour information please call these regional offices:
Jacksonville, Fl. 904-232-2489, then press Ext. 0
Orlando, Fl. 407-648-6471, then press Ext. 75
Ft. Lauderdale, Fl. 954-356-6896, then press Ext. * and 8771
Miami, Fl. 305-596-9874, then press Ext.* and 8771

Good luck!

Rockie · October 2003

Dean: It sounds like you might be in the banking industry. When I worked in banking, we did not make the teller (cashier) pay back the money, but if their cash didn't balance a certain number of times and the discrepancy could not be found, they were terminated. I believe to make them pay it back would be tantamount to a garnishment of wages and illegal in most states.

employee paying back short funds

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