Gas Thieves

System

There was an article in our local newspaper about the increase of gas thieves at the pumps, especially since the price of gas is so high. In the article, the various gas station owners indicated that a common practice was whenever they had a "drive off" w/out paying, the owners deducted the cost of the purchases from the cashiers paycheck. It made me wonder how prevalent that practice is in other businesses as well. I have always been advised by legal counsel that paycheck deduction for shortages, property damage, etc. was almost always problematic from a legal standpoint (wage/hour laws), and that if they do occur, you can never drop someone below minimum wage. I'm sure a $60-$70 tank of gas would surely cut a cashiers pay below min. wage. How do they get away with it? Do any of you have practices that deduct shortages from paychecks, and what measures do you implement to protect yourselves (i.e written policy, employee signed acknowledgement agreeing to the decustion, etc.)?

Open1

The employee would have to sign for the payroll deduction(s) - perhaps the company does not deduct the full amount?

All of the gas stations around here have pumps that require payment before the gas can be pumped.

HRCalico

I haven't heard of that, and I question the legality of it. Glad I'm not HR for any of those gas stations! We have employees initial a statement on the signature page of their handbook stating that Company can deduct funds owed by Employee to Company from their paycheck. I have been advised by Nebraska Labor Law attys that they have won cases when the employers they represent had such a policy. I think in this revision, I am including that Company will notify Employee of a deduction, with methods to include by phone or mail.

In orientation, I explain it and encourage them to ask questions. They're usually reassured that we aren't going to ding everybody $20 and throw a party with the funds or that they aren't going to have to pay for a several thousand dollar part they scrap out. We've never used it; my payroll person questions its legality but I can't get her to take labor law training, so what can I do.

WT

State laws will vary but the issue here is that the employer is resorting to self help. Because we pay the employee, we then are acting as judge and jury in fixing and collecting damages for behavior that we judge to be wrong. All this is done without due process of law. The employee has no day in court or chance to defend himself other than what is given internally. Any other entity would have to go to court, obtain a judgement, and then garnish wages. A court may well tell the employer to do the same.

System

WT,
I agree wholeheartedly that the practice smacks of undue (and possibley illegal) punishment for things that are not in the direct control of the employee. It would be different in instances where, for example, an employee is assigned a cash register that only he/she can operate and the money comes up short - but for gas drive-offs, how can the employee service the walk-in clients, keep an eye on the store, and watch for potential gas thieves. It seems entirely unfair and draconian to lay this at the employees feet. Why not install cameras to capture license plate numbers and go after the offenders through those means? Plus, the issue about deducting pay, even when you have put the employee on notice of your policy, if it takes them below minimum wage, I can't see how this is ever going to be viewed as legal in any state.

Open1

I agree it's not legal to take them below minimum wage. On the employer's side, they probably have had a more than a few employees who "look the other way" when their friends drive off with a full tank they didn't pay for.

Paul in Cannon Beach

Another reason to dislike gas station owners.

Here in Oregon, employers are constrained from these kinds of deductions except in a few specific cases which are generally for the employee's benefit.

Even if it was legal, its wrong. The owner of the gas station reaps the profit from his business and should assume the risk as well.

Bring on hydrogen cars! You cant charge for rain...

mbeam

Unless the cashiers are the ones driving away with the gas and not paying for it, can't see why they're the ones penalized for it. This is one of the lowest paid, highest risk jobs out there for robberies and injury. Good luck recruiting for more people if this is considered legal - you definitely have to question the ethics of it.

Why would a store not then penalize a salesperson for anything that is shoplifted during their watch?

Paul in Cannon Beach

Good point. What are the cashiers supposed to do if someone tries to drive away without paying? Throw themselves in front of the vehicle? Shoot out the tires?