Banking Issue/Need advice Please!

Status
Not open for further replies.

ausgirl

New Member
I am a restauarant manager and have worked for the same company for 6 years. I am responsible for the weekly banking of the restaurant.
When I take the daily deposits to the bank, I am given a yellow receipt that the deposit has been made. I then submit those receipts each week to my corporate office. These receipts are the only evidence that I have that the banking has been completed.
Last week my employer informed me that there were appoximately a week and a half of deposits missing. (An amount of $5K is in question). He was very careful not to accuse me of theft, but stated that because I am responsible for the banking, that I was expected to pay this money back.
Now, I absolutely have a clear conscience, and I certainly did not take this money. To the best of my knowlege, these deposits were made. But, as previously stated, without the yellow slips of receipt I believe that it may be their word against mine. Secondly, they are stating that the bank has no record of the deposits being made.
There have never been any issues with banking prior to this whilst the restaurant has been under my management.
The alleged deposits are from 3 months ago. This is another factor that I am confused about. Why didn't they notice this earlier? The deposits are dated from late March/early April. It is now late June.
My question is, do I legally have to give my employer this money? If I say no, can they legally fire me? Is there any recourse in a situation such as this?
Yesterday, my employer also informed me that until this matter was "cleared up" or until I had given them the missing deposit money, that he would be witholding my bi-monthly bonus payment, which is paid each paycheck. It is separate from my actual paycheck, but still a monetary payment that I receive on a regular basis. Can they do that?
Any advice as to what my legal rights are here would be greatly appreciated as I am terribly upset by this. Not only am I vaguely being accused of theft, something that I would never do, but my integrity seems to be in question.
Should I offer to pay this money to them? I understand that I am the banking person, but I have a clear conscience here and can only imagine that it is a banking, or head office error.
 
The strong likelihood is that they cannot ask you to repay the money. Check with your state DOL to be certain, as a few states permit charging the employee back for shortages.

However, they CAN terminate your employment because of the shortage, whether or not you pay it back. You were responsible for the deposit and they can still hold you responsible for the shortage in that way.

Whether or not they can withhold you bonus depends on the terms of the bonus agreement. That, too, should be run past the DOL.
 
New York?

Can New York state require you to pay back "missing" bank deposits? I looked at the Dept of Labor website but i can't find anything specific on there. My boyfriends employer is trying to make him sign a form stating that he will be responsible financially for any missing bank deposits and we're trying to find out any information we can about it.
 
Status
Not open for further replies.
Back
Top