Should employee get paid if he didn't follow instructions, resulting in monetary loss to my business worthmore than his paycheck?

Question

AssalamAlaikum. I hired an employee and gave him detailed instructions on how to run my business. He was careless and accepted over $1000 worth of bad checks from a customer b/c he didn't follow procedure of calling bank to verify if funds were available. Also, he did not regularly open and close the store at the proper times, which resulted in lost business as well as angry customers. Due to his negligence, another customer stole merchandise because he left the display case open which he should not have. I have already paid him part of his salary. His remaining salary is $440. Since because of him my business lost over $1000 due to the bad checks, and actually more than that if you consider the stolen merchandise and lost business- AM I REQUIRED BY THE SHARIAH TO PAY HIM HIS REMAINING $440 SALARY? I would greatly appreciate your reply.

Mufti Ebrahim Desai · Accepted Answer

. The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
. The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.
. This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

The employee who was incharge of your business was considered as Ameen (trustworthy). The fundamental rule of Imaanat (trust) is that if there is any losses or damages from outside sources he is not responsible. However, if the losses was due to his own doing he shall be responsible. (Hidaaya vol.3 pg.294)

Therefore, because of his negligence the business suffered a loss. You have the right to claim from him any losses occurred through his negligence.

There seem to be a dispute between you and your employee. We, therefore, suggest you refer to an Aalim to mediate or arbitrate between yourself. Our response is based only on the question asked, we are not issuing a judgment of the case.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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