I am concerned with Louisiana Wage Deduction law. It says employers can deduct costs incurred by breakage or loss of equipment, only when caused by negligence or malice. I work at a pizza place. If I accidentally drop a pizza, or if a pizza burns in the oven because we were so busy one was left in there by accident, we are charged for it. We have no choice. What I want to know is; Where is the line when it comes to negligence and malice? Does Louisiana law allow my employer to charge me for ANY loss as long as it was in any way my fault?
Answer
I would make the argument that you were not "negligent" and that dropping a pizza or having one left in the oven is simply a mistake that happens - not negligence. Of course, the employer will argue that it was negligence, but a court would ultimately have to decide and the particular facts surrounding each deduction would be at issue.
I think the policy your employer (former employer now?) has is unfair and may, in fact, be illegal.
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