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My sons employer is making him pay for a discepancey in his…

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My sons employer is...

My sons employer is making him pay for a discepancey in his register. There are several employees that access this register on my sons shift and there are no cameras in place. He works at a Shell gas station. This is not the first time it has happened. I know my son did not take this money. He is a very conscientious person, goes out of his way to follow the rules and he has high functioning autism/asperburgers. Can you give me any advise for him?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No union and he works 40hrs per week but they consider him part time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

Submitted: 7 months ago.Category: Employment Law
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Answered in 13 minutes by:
11/27/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,925
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. An employer in PA does not have the legal authority, either under PA or Federal law to deduct any amount of wages from an employee for alleged loss or mishandling of funds. This is a link to the PA statute that addresses what deductions can be made: https://www.pacode.com/secure/data/034/chapter9/subchapAtoc.html

If the employer tries to go around the statute by telling the employee they must pay out of their pocket versus an actual deduction from their wages, then the employer is still in violation of the law. If the employee refuses the payment and the employer takes an adverse employment action against them for doing so, then the employer would normally have a cause of action against the employer that they would want to speak to a local employment law attorney about.

If the employer takes the deduction from the employee's wages in violation of the law, then the employee can file a wage complaint with the State. In your son's case, if he is being treated differently from other employees and he thinks it might be because of his ADA recognized disability, then he might also have a cause to file a disability discrimination complaint with the State human rights division and/or the EEOC.

If there is an HR/EO Office that is above this manager who is telling him he must pay back the shortage, then he should consider filing a complaint about the wage issue, and perhaps the disability discrimination issue if he thinks that it is at play here, and let them try to resolve the issue before he files a complaint with the State.

Please feel free to ask for clarification after you have had a chance to take a look at the wage deduction statute if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question and also leave a positive rating in the ratings box on this page of my efforts to explain the law of the issue to you, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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