Legal Question in Employment Law in Oregon
Docking Pay
I work at a local fine dining restaurant. My employer makes us pay out of our pockets for every item that gets missed on the patrons' bill, such as drinks, appetizers, meals, etc. Last month we had a credit card mishap where one of my patrons ended up not getting billed for their dinner and another patron got billed twice for theirs. The patron called to complain about getting billed twice, and after all was settled with the patron, my employer is insisting that I pay out of my pocket for the dinner that didn't get charged. Is this legal?
1 Answer from Attorneys
Re: Docking Pay
No, it is not legal for the employer to deduct for mistakes, breakage, or costs from an employee's paycheck. Such a deduction violates a specific statute which permits deductions only for specific reasons and under specific circumstances, none of which existS in your situation. A violation entitles the victim to recovery of the wrongful deduction, plus at least $200 in damages, or actual damages if greater. Also, attorneys fees are payable for prosecution of the claim for the damages.
On the other hand, although an employer is not permitted to deduct the sum from the paycheck, the employer legally may discipline and/or terminate the employment of an employee who causes losses to the company, excessive breakage, etc.
The above does not constitute legal opinion and is offered for the
purposes of discussion only. The law differs in every jurisdiction, and
you should not rely on any opinion except that of an attorney you have
retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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