Decatur, IL asked in Employment Law for Illinois

Q: Can my district manager force me to pay my own money to make up for lost wages of another employee?

I work at a franchise of Dominos as the General Manager. One of my associates did not properly clock his hours last payroll resulting in no paycheck on friday. my district manager (my boss) says there is no other way to get him his money besides me paying from my own pocket. They take my bonuses from me and im actually paid less than my assistants, so i don't have the funds to do this and I believe that it is unfair. Can he force me to pay this and is my job at risk if i dont.

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2 Lawyer Answers
Cynthia Pietrucha
Cynthia Pietrucha
Answered
  • Naperville, IL
  • Licensed in Illinois

A: No. Not only is it unfair, but it is illegal.

The Illinois Department of Labor has offered the following FAQ on this topic:

Can my employer take money out of my wages to cover cash register shortages or damages to the employer's equipment/property?

No, an employer cannot deduct money from your pay for cash or inventory shortages or damages to the employer's equipment or property, unless you sign an express written agreement allowing the deductions AT THE TIME the deduction is made. See Section 300.730 and Section 300.820​.

However, where a deduction is to continue over a period of time and the written agreement provided for the period of time, the same amount of deduction each pay period and allows for voluntary withdrawal​ for the deduction, the agreement shall be considered freely given at the time the deduction is made. See Section 300.720.

See: https://www2.illinois.gov/idol/FAQs/Pages/Deductions-From-Pay-FAQ.aspx#qst2

Cynthia Pietrucha
Cynthia Pietrucha
Answered
  • Naperville, IL
  • Licensed in Illinois

A: Please also consider: If you have signed an agreement with your employer, you may have altered your legal rights - but generally, an employee is not responsible for funding payroll for an employer, no matter how small the paycheck is.

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