If I break or damage company property or lose company money while performing my job, can my employer deduct the cost/loss from my wages?
A. No. Your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage or loss of company property/equipment occurs. Losses occurring without any fault on the part of the employee, or that are the result of simple negligence, are inevitable in almost any business and must be borne by the employer. For example, if you accidentally drop a tray of dishes, take a bad check or have a customer walkout without paying a check, your employer cannot deduct the loss from your paycheck. An exception MAY apply if your employer can show that the shortage, breakage or loss was caused by your dishonest or willful act or by your “gross negligence.” What this means is that a deduction may be legal if the employer proves that the loss resulted from the employee’s dishonesty, willfulness, or grossly negligent act. The law on this exception is not clear. Q.
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