Greensboro, NC asked in Employment Law for North Carolina

Q: My employer decided to change a policy by telling upper management to verbally relay the message to us.

Our managers took a trip to corporate, & the CEO told our district manager to let the employees know that if the cash drawer has a shortage, the person assigned to close the drawer that night will receive a write up and have to pay it back.

There are multiple people who use the cash drawer throughout the day. The mistake of incorrect change (or someone stealing money) would be almost impossible to pinpoint with multiple employees on the register throughout the day.

The person who closes the drawer at night is assigned randomly, and it is usually me. Am I legally obligated to pay the money back? I know I can be fired for whatever reason in NC, but can I sue them if they are trying to make me pay the shortage amount? Reminder, this policy is not in writing and I have signed no paperwork or agreement to it. Our company switched owners a year and a half ago, and I have not signed any legal papers to the new company. Do the previous companies agreements count? (Sorry, it’s really 2 ?’s)

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1 Lawyer Answer
Kirk Angel
Kirk Angel
Answered
  • Concord, NC
  • Licensed in North Carolina

A: It would not be lawful for them to deduct if from your pay (directly) without your signed acknowledgement. However, they could simply say "pay it back or be fired." As you noted, this is an employment-at-will state where an employee can be fired for any reason. You cannot sue them for "trying to make me pay."

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