Dear Working Wise: I am a cashier at a self-serve gas station. The station owner makes me pay for any customers who drive away without paying for their gas.
I don’t think this is fair. I only make a little more than minimum wage.
Is he allowed to do this? — Cashless Cashier
Dear Cashless: No, your employer is not allowed to make you pay for losses due to customer theft.
Section 12(3) of Alberta’s Employment Standards Code prohibits employers from deducting employee pay for faulty workmanship, cash shortages or loss of property if any person other than the employee had access to the cash or property.
This covers situations like cash shortages where two employees had access to the register, dine-and-dashes at a restaurants, and drive-a-ways at gas stations.
Faulty workmanship covers a wide variety of situations related to an employee failing to adequately do their job due to an accident, unforeseen circumstances, carelessness or incompetence.
It includes things like accidental damage to an employer’s vehicle, broken dishes in a restaurant, typos in a magazine or mistakes in production.
An employer cannot deduct the cost of these errors and accidents, but they do have the right to terminate an employee who is costing them too much money.
You have a few options for resolving this issue with your employer and getting back any money owed to you.
You can file a complaint with Alberta Employment Standards. This process is now more convenient than ever as you can not only complete the form online, you can file it online too, making it a one-stop, one-step process.
The new online complaint form is available at employment.alberta.ca/EScomplaint. Of course, the more traditional methods of mailing a complaint or dropping by in person are still in place.
You must file a complaint with Employment Standards within six months of your last day of employment. If more than six months has passed, the director of Employment Standards may grant an extension if there are extenuating circumstances.
You can file a complaint, but it’s best if you try to resolve the issue first with your manager. Alberta Employment Standards offers a Self Help Kit to help employees have these tough conversations with their bosses.
The Employment Standards Self Help Kit provides employees and employers with some basic information on rights and responsibilities. It also includes a step-by-step guide for employees on how to approach their employers about their claim and a handy request for payment form.
To get a copy of the Self Help Kit or get more information on Alberta’s Employment Standards, go online to http://employment.alberta.ca/es, call 1-877-427-3731, or go to the nearest Alberta Employment Standards office. Check the website for the office nearest you.
Working Wise is compiled by Charles Strachey of Alberta Employment and Immigration (charles.strachey@gov.ab.ca) for general information.