If an employee stole from a company, was arrested and then fired, should their last paycheck be held back until the matter is resolved?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an employee stole from a company, was arrested and then fired, should their last paycheck be held back until the matter is resolved?
Asked on June 2, 2012 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In your state an employer must issue a final paycheck to an employee who has been terminated on or before the next regularly scheduled pay date. There are no circumstances under which an employer can totally withhold a final paycheck under state law. Employers are typically required to issue a final paycheck containing compensation for all earned, unpaid wages.
If fact if you are found guilty of the charges that you were arrested for, the court will order restitution and/or your former employer can sue you for damages in civil court to recover any losses.
Bottom line, if you don't receive your finalpaycheck you can file a complaint with your state's department of labor and/or consult with an empolyment law attorney in your state.
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.