Hello, I had an incident at my business. I own a sub shop and the cleaning crew swept up money wraped in paper that had landed on the floor. the son of the person I hired did it. He told me he knew what it looked like because he has picked it up before. I have a picture of it unfortunately the video was recorded over. but I did print questionable activity. HIGHLY DOUBT it was an accident as he claims it got thrown away the night before the pick up of course. Can I take out of her cleaning check what was lost?
State/Country relating to question: California
I basically got a sorry from the mom with what I read as a confession. But when it came time to get the money back from her she changed her story
Good morning,I'm sorry to hear of the situation.While you may ask the employee to repay the money that was lost due to their negligence, CA law prohibits you from taking it from their wages.In CA an employer cannot legally make such a deduction from wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence, are inevitable in almost any business operation and thus, the employer must bear such losses as a cost of doing business. If you can prove that it was stolen, as opposed to simply have been thrown out with the trash accidentally, then you could sue the person who took it---but that would be the limit of your legal remedy---I'm sorry.
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I have more than 25 years of experience in the practice of law, including employment law and discrimination law.
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