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Work related issue, what would you do if put in this situation?

post #1 of 2
Thread Starter 

I recently worked at a local Subway sandwich shop, part time for minimum wage. After about a week of being there I got a much better job offer so i decided to take it. I told the owner of this Subway franchise that I would finish out this week before I left to start this other new job since the schedule had already been made. well, this last Monday was my last day, and I started the new job Wednesday. So far everything is going well with the new job, but today being Friday, my last Subway paycheck was ready to be picked up. Back tracking a little bit, last Saturday I think it was, the cash drawer was $10 short. Now, I am not the only person who was using this single cash drawer, both people who were working this shift share the same till. The owners policy is that whenever the drawer is short, the people using the drawer are responsible for making up the lost cash. So me and the 17 yr old high school kid I was working with for that shift are each supposed to split the $10 to make the drawer even. So both of us were told to pay $5 to make the drawer even.

 

So apparently if one of the two or more people sharing the single cash drawer make a mistake, everybody that worked on that shift is responsible for that one mistake made by that one person. So I am apparently responsible for not only my own mistakes, but partially for somebody elses as well. I don't agree with this policy, and I was not told that this was the policy when I was hired. If I knew this was his policy I would probably not have agreed to work there in the first place or at least told the owner that I did not want to share a single drawer with anybody. I don't know how any employee there could be okay with this, especially when they all share a single cash drawer and apparently this happens quite often. But apparently most, if not all the employees there don't have an issue with this wrong and illegal policy. This I don't understand.

 

Anyway, the drawer was short Saturday, the owner was not there, so I let it be. I expected the owner to be there on the following Monday, which was also my last day, but he never came into our store that day. I expected the owner to be there so I could discuss this with him in person, and discuss my disagreement with this policy. So, today I get a text message on my cell phone from one of the managers there saying that I could not get my paycheck until I brought back my uniform shirt, which is fine, but she also said that I could not get my paycheck until I paid the $5 that I owed for the drawer being short. So my $180 paycheck was being held hostage until I coughed up $5. I tried to discuss this over the phone with the owner today and he didn't even want to discuss this. He basically said, this is the policy, take it or leave it.

 

Now as far as I know it is illegal for an employer to ask an employee to cough up the difference. If the drawer is short, you can be written up and eventually terminated, but an employer is not allowed by law to ask an employee to make up the difference. So because 180 is more than 5, i gave them the $5 so I could get my $180 check. I still feel very violated by this as I know it's not right or even legal. I am very mad and feel taken advantage of. I know it's only $5, but I guess I just have high morals. 

 

What would you have done?

 

What would you do now, if you were me? 

 

Do I report him to the labor department, report him to Subway headquarters, maybe both?

post #2 of 2

If you care enough to take action, go ahead and report them (to labor department certainly).

 

http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#18

 

Q: May employers deduct money from wages?

A: Section 193 of the Labor Law states: 1. No employer shall make any deduction from the wages of an employee, except deductions which: a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or b. are expressly authorized in writing by the employee and are for the benefit of the employee, such as:

  • Payments for insurance premiums
  • Pension or health and welfare benefits
  • Contributions to charitable organizations
  • Payments for United States bonds
  • Payments for dues or assessments to a labor organization

Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction.

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