Can you be fired for being robbed?

[iamthebandfanman]

My girlfriend called me a lil while ago(who works at a gas station) and said someone had taken 100$ in gas and drove off. she called the police and made a report but didnt have the licence plate number(but had description). the owner of the gas station had camera, but they were broken(you cant rewind the tape its only live)....
the owner is now demanding that my GF pay back the 100$ because its her fault for not watching, and if she does not she will be fired.

is this legal?

[bryant69]

1. It doesn't sound legal

I'm not a lawyer though. Did she sign anything saying she would be liable in this sort of situation?

Bryant
Check it out --> http://politicalcomment.blogspot.com

[iamthebandfanman]

2. nope n/t

[napi21]

3. I don't think so, but does she really want to continue to work for an

AH like that? I have to believe she would be able to get a similar job somewhere else fairly quick. I think I'd tell the AH to go drown!

[iamthebandfanman]

15. i promise, its not that simple

to find a job around this area.

she was actually lucky to get the job there, and probably only did because her grandfather is known very well (local business owner) in the community. i mean this is a town of say 2000-3000 people tops.

[proud2BlibKansan]

4. Keith O told a similar story

http://www.kmbc.com/news/16206997/detail.html

So contact Keith.

[bunkerbuster1]

5. Depends. Do you live in a former Confederate state?

If the answer is "yes", it's probably legal there.

If not, probably not.

Really depends on the state labor law, is what I'm saying.

[iamthebandfanman]

12. kentucky n/t

[KitchenWitch]

6. Sounds like the owner of the station is stupid for not setting his pumps up for pre-pay only.

She should not be able to be fired, nor should she be on the hook for the $100 in gas stolen. As far as his cameras being broken... having operable security cameras is part of the cost of doing business.

She needs to talk to a lawyer, or the consumer advocate over at her local news station.

[DaveJ]

7. I believe it's illegal to 'dock' workers anymore

I read that under the Fair Labor Standards Act (FLSA) an employee must be paid for "all time worked."

And this sounds like a pay dock to me.

Firing is another story. Most employers seem to find a way to fire poor folks for whatever reason they want.

[JuniperLea]

8. If she is an "at will" employee

They don't really need a reason. Trying to force her to repay the loss doesn't sound legal though. You can't force people to put their lives in danger to defend your property, unless that is what they were hired for. I don't think it's wise to confront thieves while they are stealing... I saw video of a very compliant lady in a store getting shot three times by a theif... and she was trying to give him everything... put your hands up or I'll shoot... then you shoot anyway? Jeez. Kinda like Bush.

[Systematic Chaos]

9. I seriously doubt it, unless he could prove she willingly gave someone $100 in gas.

Sounds to me like she'd have a serious unlawful termination suit against this guy, but I'm no lawyer. I just hope I'm right, for her sake.

Not to hijack your thread, but I once had a huge drive-off at a place I worked at in Minnesota (back then gas was a whopping $1.25). Anyway, I got the desciption of the van and the license plate, but when I called the police they told me there was nothing they would do because I didn't have a description of the driver of the van!! The guy/gal hid behind the pump the whole damn time, so how could I?

Simple solution to this bullshit is to do it everywhere the same way they do in Las Vegas. Pay first, THEN pump, and come back for any change or to sign the credit card receipt when you're done. :shrug:

[iamthebandfanman]

11. she had a description of the man driving

she also says the owner has stated 'it would cost to much' to get the prepay ability installed on the pumps.
i guess it 'cost to much' to have working cameras too.

youd think youd want to protect your investment a little better.

[KitchenWitch]

17. Well if his station gets the reputation of not having pre-pay only...

It will be more expensive to operate the way he does.

[Solon]

19. I don't know how old this station is...

or the condition of the pumps, but I've never heard of a station that doesn't have pumps that don't have the ability of pre-pay. If the pumps accept credit cards, then they should already have pre-pay built in. If he has any type of computerized cash register, that's connected to the pumps, for example, beeps when someone is ready to pump, there should be a "pre-pay" button already on it.

[VP505]

Don't know if she could be fired BUT

she should definitely contact her State Attorney Generals Office for advise and help. Even if she doesn't care about working there she should still contact the AG's office!

[slackmaster]

10. Only if you defend yourself with a weapon that is against company policy for you to have on the job

:eyes:

[mainegreen]

13. In a right to work state? Sure.

But he can't make her pay the 100 bucks. Nor can he deduct it from her paycheck.

[Solon]

14. Its the owner's own fault, ultimately, he should have changed the policy at the pumps to pre-pay...

or pay at the pump only.

My store manager, a couple of weeks ago, had a 65 dollar drive off on his shift, and after that he put up signs, "Pre-pay or pay at the pump only". The guy who stole the gas actually had no license plate on the car, so the police wouldn't do anything about it, so he did the next best thing, pre-pay only.

[iamthebandfanman]

16. they had asked him about that before

and his response was 'it costs to much'

so honestly, this guy is just a horrible business owner from the sounds of it.

[Solon]

18. It costs nothing...

All you do is inform employees to not approve the pumps when someone unhooks them. That's it, pre-pay is already available at nearly all gas stations anyways, its only a matter of changing the policy. The only cost I can think of is the potential loss of business from people who don't like to pre-pay, but that should be made up by have NO drive offs.

[Warpy]

20. No, it's not legal

and she needs to contact the media about this one. The title of the person she needs to call is the newspaper or television station ombudsman. Those are the people who check into stories like this one. She can also write down what happened and send it in to the state Attorney General. They're interested in stuff like this.

It's the owner's fault for not fixing his damn camera or hiring a separate person whose job it is to watch the live transmission and record license plates in case one of them skips.

By not fixing the security camera, he is also putting her in danger by not having a record of thugs who could come in waving guns.