Results 1 to 10 of 13

Hybrid View

  1. #1
    Join Date
    Jun 2013
    Posts
    5

    Default Can My Employer Make Me Pay for a Shortage

    My question involves employment and labor law for the state of: Michigan

    I am a delivery driver, and collect money when I deliver. At the end of the day, I am told to put the money I have collected in an envelope and lock it in a safe at work. The next day (when I am out doing deliveries), the office opens the envelope and processes the money. They will not count the money in front of me when I return the previous day, as I am told they are too busy. But if the envelope is "mysteriously" short once they open it, I receive a letter telling me I have to pay back the shortage. My question is, can they hold me responsible when they do not give me the option to be present when the money is counted?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can My Employer Make Me Pay for a Shortage

    You count the money before putting it into the envelope, don't you?

  3. #3
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Can My Employer Make Me Pay for a Shortage

    Yes. And it is all there. But somehow, the next day it is supposedly short, and I am held responsible.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can My Employer Make Me Pay for a Shortage

    Are you the only delivery driver? The only one with this problem?

    What audit or oversight mechanisms does the employer have for the counting of the money?

    When you indicated that somebody was skimming money out of your envelopes, what was your employer's response?

    When and how were you informed of the employer's policy? Did you ever sign anything agreeing to the employer's policy?

  5. #5
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Can My Employer Make Me Pay for a Shortage

    There are others having this same problem. We have never signed anything, but it seems to be an unwritten rule that we should not question the policy and just pay up, or start looking for another job.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can My Employer Make Me Pay for a Shortage

    So... most or all of the drivers are experiencing the same thing, and all who have been affected have reported the problem to management, and management did what?
    Quote Quoting MCL 408.477 Deductions from wages.
    (1) Except for those deductions required or expressly permitted by law or by a collective bargaining agreement, an employer shall not deduct from the wages of an employee, directly or indirectly, any amount including an employee contribution to a separate segregated fund established by a corporation or labor organization under section 55 of the Michigan campaign finance act, 1976 PA 388, MCL 169.255, without the full, free, and written consent of the employee, obtained without intimidation or fear of discharge for refusal to permit the deduction. However, an employer that is a public body, as defined in section 11 of the Michigan campaign finance act, 1976 PA 388, MCL 169.211, shall not deduct, directly or indirectly, any amount from an employee's wages for a contribution to a separate segregated fund established under section 55 of the Michigan campaign finance act, 1976 PA 388, MCL 169.255, or a contribution or any payment to any committee established under the federal election campaign act of 1971, Public Law 92-225, 2 USC 431 to 455.

    (2) Except as provided in this subsection and subsection (4), a deduction for the benefit of the employer requires written consent from the employee for each wage payment subject to the deduction, and the cumulative amount of the deductions shall not reduce the gross wages paid to a rate less than minimum rate as defined in the minimum wage law of 1964, 1964 PA 154, MCL 408.381 to 408.398. A nonprofit organization shall obtain a written consent from an employee for deductions to that nonprofit organization that qualify as charitable contributions under federal law. However, this subsection does not require the nonprofit organization to obtain from an employee a separate written consent for each subsequent paycheck from which deductions that qualify as charitable contributions that benefit the employer are made. An employee at any time may rescind in writing his or her authorization to have charitable contributions deducted from his or her paycheck. As used in this subsection, "nonprofit organization" means an organization that is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3).

    (3) Each deduction from the wages of an employee shall be substantiated in the records of the employer and shall be identified as pertaining to an individual employee. Prorating of deductions between 2 or more employees is not permitted.

    (4) Within 6 months after making an overpayment of wages or fringe benefits that are paid directly to an employee, an employer may deduct the overpayment from the employee's regularly scheduled wage payment without the written consent of the employee if all of the following conditions are met:

    (a) The overpayment resulted from a mathematical miscalculation, typographical error, clerical error, or misprint in the processing of the employee's regularly scheduled wages or fringe benefits.

    (b) The miscalculation, error, or misprint described in subdivision (a) was made by the employer, the employee, or a representative of the employer or employee.

    (c) The employer provides the employee with a written explanation of the deduction at least 1 pay period before the wage payment affected by the deduction is made.

    (d) The deduction is not greater than 15% of the gross wages earned in the pay period in which the deduction is made.

    (e) The deduction is made after the employer has made all deductions expressly permitted or required by law or a collective bargaining agreement, and after any employee-authorized deduction.

    (f) The deduction does not reduce the regularly scheduled gross wages otherwise due the employee to a rate that is less than the greater of either of the following:

    (i) The minimum rate as prescribed by subsection (2).

    (ii) The minimum rate as prescribed by the fair labor standards act of 1938, chapter 676, 52 Stat. 1060, 29 USC 201 to 216 and 217 to 219.

    (5) An employee who believes his or her employer has violated subsection (4) may file a complaint with the department within 12 months after the date of the alleged violation.

    (6) As used in this section, "employer" means an individual, sole proprietorship, partnership, association, or corporation, public or private, this state or an agency of this state, a city, county, village, township, school district, or intermediate school district, an institution of higher education, or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals.
    It sounds like you and your fellow drivers have a basis for a wage complaint.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can My Employer Make Me Pay for a Shortage

    Have a co-worker witness the "drop".

    1. Sponsored Links
       

Similar Threads

  1. Can My Employer Make Accusations Based on Hearsay
    By sacrilicious26 in forum Employment and Labor
    Replies: 5
    Last Post: 07-29-2010, 11:40 PM
  2. Deductions from Pay: Can Your Employer Hold You Responsible for Cash Shortage
    By jillcampree in forum Employment and Labor
    Replies: 3
    Last Post: 01-16-2010, 12:06 AM
  3. Compensation and Overtime: Employer Can't Make Payroll
    By little_bubba in forum Employment and Labor
    Replies: 1
    Last Post: 12-22-2009, 11:55 PM
  4. Hours: Can an Employer Make You Work More Hours
    By gtrekker2003 in forum Employment and Labor
    Replies: 1
    Last Post: 10-29-2006, 12:35 PM
  5. Retailers: Cypress Shortage
    By rsteve12 in forum Consumer Law
    Replies: 2
    Last Post: 08-07-2006, 06:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources