Cashier paying back shortage

HR Bilbo

A Casino Vault Cage Cashier was short $1000.00 dollars in her bank that she signed for. We have conducted a three day investigation (which, the employee was suspended pending investigation), watched 8 hours of survailance tape ( many times), have had a seperate auditor from the Accounting Department, after the cage manager, investigate the paper trail of the shortage, if there could have just been a paper phantom error.
My question is this: Can we request her to voluntarily pay this shortage back in lieu of termination: ( of course, not telling her pay or your fired, just asking her to pay back her shortage, and refusing to tell any consequences until after her decision is made, so there is no coersion) The payments would not bring her below the minimum wage wage level. She would sign an "at will" form stating that the payment plan is not a contract of employment and that she can quit at anytime. However, if she refuses to pay she would be terminated.
I am in Nevada if this helps. This meeting takes place tomorrow and all input would be appreciated.
Thanks,
Bilbo

cebudragonlady

What are the company policies on paying back shortages? Have others paid back shortages to keep their jobs? Are you being consistent ? Is this employee a member of a protected class? Is this employee under a CBA ?

Better have all your ducks in order BEFORE the meeting.

My 6 cents worth.

Chari

HR Bilbo

Chari,
Thanks for your reply.
I am not sure what a CBA is? Please define. The ee is not in a protected class. Policy from handbook dictates that all shortages are the responsibility of the ee, and if the shortage is 1% of bank responsibility (which this is) disciplinary action up to and including termination could result. Since I have been in HR at this company (8 months) we have had one other shortage of $1000.00 and we are following exactly what we did then.
Bilbo

cebudragonlady

CBA = Collective Bargaining Agreement. Is th employee a member of a union?

Chari

HR Bilbo

No, there is no union representation.
Thank you
Bilbo

Terry

You may want to check your state laws, some do prohibit "charging" employee for a loss. I know some state don't allow a restaurant to charge the server for a skipped check, this may fall under the same restriction.

HR Bilbo

Terry,
I was just advised by our unemployment representatives that it could cause legal problems with hour and wage. They advised that we terminate and not ask for the money back.
Thanks for all the responses,
Grant