If terminated for theft, is your employer still obligated to pay your final check?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If terminated for theft, is your employer still obligated to pay your final check?

By mutual agreement on both sides, if admitting to theft and forfeiting last pay amount which was very close to taken amount, no criminal charges would be pursued. Even have several text msgs from GM stating we were square and it was over. Six months later not only do I find out there were criminal charges filed and they kept my pay, now I’m receiving papers from firm representing employers insurance company wanting restitution from me for the claim my employer filed because of me.

Asked on October 31, 2018 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

One thing has nothing to do with the other. In other words, payment of your wages is seperate and apart form any theft that may have occurred. That is unless there exists a written agreement to the contrary, such as an employment or union agreemnt, etc. The fact is that an worker must be paid for all hours worked. To the extent that you owe your employer for any money stolen, then they may sue you for it but they cannot just fail to give you a paycheck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption