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  1. #1

    Default Theft Caught on Tape, Clerk Being Made To Pay

    I work in a clerk at a small convenience store.
    A customer came in and asked for some boxes.
    I obliged and went to the back cooler to get them.
    They left.
    When the next customer came in, after ringing them up, I opened the register and noticed money was gone.

    I called the police, they couldn't do anything without seeing security tapes since I had no vehicle description...after my manager showed up, he found the thief on video tape. She had stolen the money from the register while I was helping her boyfriend with the boxes.

    My question is this...Can the store owner legally make me repay from my check, what was stolen? They have not called the cops back to review the tape and even try to catch the thieves.

    What was stolen was more than what I even make on my paycheck...

    Can they withhold my pay?
    Nothing like this has ever happened and it's well known that I am, and have been, a good employee and my drawer has never been short. I've been in good standing with the store until now.

    They have yet to try and find the thieves.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Theft Caught on Tape, Clerk Being Made To Pay

    I expect not, but you didn't identify your state and laws are different in each state.

    Are you able to take a copy of the tape to the police?

  3. #3

    Default Re: Theft Caught on Tape, Clerk Being Made To Pay

    I live and work in Texas

  4. #4
    panther10758 Guest

    Default Re: Theft Caught on Tape, Clerk Being Made To Pay

    Were there conditions when you were hired that covered cash shortages? Was repayment one of those conditions?

  5. #5

    Default Re: Theft Caught on Tape, Clerk Being Made To Pay

    No conditions really....
    I've worked in convenience stores before, and was hired on the spot.
    Been there off and on since February (I've quit twice in that time and been asked to come back both times).
    I don't like the neighborhood and was always paranoid something would happen there.
    I know the theft could have been worse.....the guy distracted me while his girlfriend took the money, but at least they didn't have a gun.

    I never even filled out a tax form there, though I've been bugging them about giving me one for ages...they said they already printed one up to send in, something like that....I just know that nothing in that store has my signature on it except for my time sheet.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Theft Caught on Tape, Clerk Being Made To Pay

    I doubt that there is a valid basis for the deduction:
    Quote Quoting Texas Labor Code Sec. A61.018. Deduction From Wages.
    An employer may not withhold or divert any part of an employee’s wages unless the employer:

    (1) is ordered to do so by a court of competent jurisdiction;

    (2) is authorized to do so by state or federal law; or

    (3) has written authorization from the employee to deduct part of the wages for a lawful purpose.

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