Employer screwing me over

[Torque Junkie]

A guy I work with sold a customer a $75 pre-paid card.  He took $75 cash from her in exchange for the card which she can activate for minutes on her pre-paid cell phone.   The next day, she comes in because she's too ####### stupid to figure out how to key in a 14 digit code into her phone to add the money, and I happen to be working.  Being the nice guy that I am I agree to help her by putting the card on, so I ask her for her phone number, punch it in and put the $$$ on her account.  I activate the card, it confirms that $75 has been added to her account.  I hand her the phone back and ask her if she wants to keep the used-up card or throw it away.  She says to toss it and leaves.     I get a call today (2 days later) from the guy I work with saying that the ladys' mother is in the store ranting and raving on how that $75 wasn't on her account.   So I look into it and sure enough the money was not on that account and $75 had never been put onto the account.  

 

So, 1 of 3 things happened.  1) Customer gave me the wrong phone number when I went to punch it in so it went to someone elses account.  2) I keyed in the wrong phone # and it went to someone elses account. 3) there was a computer glitch that didn’t allow the $ onto the account.   So the store had to replace her card because we were able to prove that she didn't use the card up in 1 day and try to defraud us.  

 

From the sounds of what my employer is going to do, is take that $75 out of my commissions for the month of February.   And that’s where he's gonna screw up.   I researched Montana Labor Law and an employer MUST indemnify an employee.  What indemnify means is to ‘assume all risk for’ basically, unless he can prove in a court of law that I negligently caused the company to loose money.  

 

 

Montana Code Annotated

39-2-701. Indemnification of employee. (1) An employer must indemnify his employee, except as prescribed in subsection (2) of this section, for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such or of his obedience to the directions of the employer, even though unlawful, unless the employee at the time of obeying such directions believed them to be unlawful.

    (2) An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed.

    (3) An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care.

 

 

Webster Dictionary

Main Entry: in·dem·ni·fy

Pronunciation: in-'dem-n&-"fI

Function: transitive verb

Inflected Form(s): -fied; -fy·ing

Etymology: Latin indemnis unharmed, from in- + damnum damage

Date: circa 1611

1 : to secure against hurt, loss, or damage

2 : to make compensation to for incurred hurt, loss, or damage

 

So basicly he's trying to charge me for an accident that he can't even prove that I was the cause of and that he's legally responsible for anyways.  He has no policy in the employee handbook stating what I did was against the company policy either.  I'll make sure he's aware of this if he tries to pull this off.

 

And if he fires me for protesting it, I have a wrongful termination lawsuit 100% in my favor....

 

Talk about your all time total  BS  

[99silveradoz71]

Ah yes, gotta love the Monday Morning Quarterbacking.  Nothing like the employer going on the witch hunt as well.  I've been there all too often.  Let's see if we can't pass along a little helpful concept- happy employees tend to work harder/more efficiently without b*tching or such.