Can an Owner charge a Manager for shortages from daily financial intake?

[KaTalways]

Good Morning,

My question perplexes me. I recently moved to New York from New Jersey where I owned a fine dining establishment. As a prior owner I have never presented this to my employees or management staff and I can not fathom that my current employer considers this to be a good practice.

Since early January 2009 I am managing a well known fast food establishment. It has come to my attention that the cash registers are frequently short, we are talking amounts from $3.00 up to $80.00. I have taken the proper managerial steps and have contained the issue in-house however, I've just been notified from the owner if the financial intake is short any amounts I as the manager have two options:
1) Fill the financial shortage voluntarily from my own pocket
2) The shortages will be deducted in-voluntarily from my weekly salary

I have read thru the NYS Department of Labor website where there is a wonderful array of information but, I can not find an answer to my situation. Is this a legal practice here in New York? I would be greatly appreciative for your assistance and look forward toy our response.

Respectfully,
Kat

 

[FlaRiptide]

No they cannot arbitrarily make unauthorized deductions from your paycheck. But, if you don't agree to this practice you will probably find yourself without a job.

Section 193 of the Labor Law states:


1. No employer shall make any deduction from the wages of an employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or b. are expressly authorized in writing by the employee and are for the benefit of the employee (such as payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization).

Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction.


Q: Can an employee be fired without due cause?

A: Yes. New York State is an "employment-at-will," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign. An employer may fire an employee for "no reason" - or even for a reason that might seem arbitrary and unfair -- and the employee is equally free to quit at any time without being required to explain or defend that decision.


There are a few exceptions to "employment-at-will." The most significant of these are laws, enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender, sexual orientation or marital status. For additional information about how the New York State Division of Human Rights proceeds against unlawful forms of discrimination, go to:

 

[KaTalways]

Thank You

For Your Time -and- Reply. I do greatly appreciate it.

~KaT