Gutierrez v. Hachar's Department Store

KLINGEMAN, Justice.

This is an appeal from a take-nothing summary judgment rendered against plaintiff, Gloria R. Gutierrez, in favor of defendant, Hachar’s Department Store. The parties will be hereinafter referred to as they were in the trial court.

Plaintiff sought recovery for wages allegedly due her as an employee of defendant, after defendant had withheld the sum of $124.99 from the total wages due her to cover a shortage in a cash drawer that was allegedly under the custody and control of plaintiff. 1 Plaintiff also sought punitive damages for alleged malicious withholding.

Plaintiff’s…