My boss is holding me responsible for another employees theft...advice needed?
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My boss is holding me responsible for another employees theft...advice needed?
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I worked for a car rental company as a rental agent...A former employee stole a rental car out of the service department in April and was not caught until the first week of August...(the car was sent to the service dept for repair/maintenance)...now my former boss is withholding my commission checks from June/July/August to pay for the cost of rental she lost during that time....I find this to be unfair (since this is money I earned) and I would like some additional points to strengthen my argument that I should not be punished for the other guy's indiscretions...do I have any legal argument for her not paying me...
Justin
Additional Details
to sarah c -"do I have any proof " of what?
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redvelvetflames4ever
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I couldn't care less what your boss thinks. Bottom line is what he/she is doing (withholding your commission checks) is I-L-L-E-G-A-L! Immediately contact your state Department of Labor. In the event you are terminated find yourself an employment lawyer and sue those S.O.B.'s. This act would fall under retaliation and NO employer can terminate an employee after they have filed a formal complaint against an employer with any administrative agency. Additionally, all car rental service companies have insurance. The loss and damage to this vehicle has been paid for and covered. |
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kajun_at_work
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Tell her that they can pay you the money that you earned or you will take it to a lawyer and see them in court. |
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ninety9point8
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Of course you do. You are not responsible for the criminal act of another. If what I am reading is true, your boss is in trouble with her boss and is needing to cover every single dime. She is using you. Yes. Sue them. But if you do, be prepared to lose your job. Tough choice. I would sue them and go work for Enterprise or Dollar or whichever one you don't currently work for. If you are a responsible employee, you are safe. Good luck. |
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financing_loans
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Okay something has to be missing in your story. That makes no sense. So the police catch this guy and he is in jail for grand theft auto, and your company is charing you why?
What grounds they have to tell you. Did you rent the car to the employee? Did you rent the car and not tell your employeer it was missing? The way you are describing it, the car could be stole in New York and you live in California and they are charging you for it.
What is your involvement? How are you connected? Give us something so we can answer your question. You are making it sound like you had nothing to do with it. Like me as a manager at McDonalds going to one of my Employees and saying "Hey did you here about that girl over at Burger King down the street that stole 10,000 out of their safe?" You answer "yeah that is strange", And your manager says "No kidding, Im taking your paycheck for the next 3 months because burger king lost the money" And you saying "but I work at mcdonalds", and the boss says "I dont get your point"
Thats how ridiculous your question sounds right now. There has to be more. connect the dots for us. |
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prncesbuttrkup
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Since you say another employee was caught as the responsible party I don't think your boss can legally hold YOU responsible unless she can somehow prove that you assisted the other employee commit the crime. I'd talk to a lawyer if I were you. |
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stan c
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Write a letter to your boss demanding that you get paid for the hours worked. Give them 10 days to give you your pay. Tell he/she other actions may be taken if your demands are not met.. Send 1 regular, 1 certified and make a copy for your records. Best of luck. |
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Simba
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If they know the other person is responsible, whey can they withhold your money??? They only way this could legal is if they think you are also responsible. You say, "now my former boss". Did they fire you because they thought you had something to do with it? That is the only way it could be legal. Otherwise, it's very unfair and you should get a lawyer.
Edit - They may have a case. When was the car actually noticed missing? Is there some way you should have known it was gone? If so, then they can probably hold your money. I don't know legally, but I think it makes sense. If you never reported it, they could claim that it could have been easier to catch the thief if they would have known sooner. |
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♥
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get a lawyer |
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Sarah C
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DO YOU HAVE AN PROOF? |
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