If my previous employor had me signed a statement saying that I would return my work suit OR the cost would be taken out of my last paycheck, and then when they forgot to take it out of my paycheck are now threatening theft of property. Can they do that?
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If my previous employor had me signed a statement saying that I would return my work suit OR the cost would be taken out of my last paycheck, and then when they forgot to take it out of my paycheck are now threatening theft of property. Can they do that?
I no longer have the suit
Asked on August 3, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, this would not be theft: even if you failed to return it, the agreement you describe basically says you can keep it, but you'll have to pay for it (i.e. it would be taken out of you paycheck). It is very unlikely the police would view this as theft, since the agreement spells out what they can do if you don't return the suit: take the money/cost out of your check. Arguably, since the law generally holds that an error does not entitle you to keep money to which you are not otherwise entitled, they could still pursue you for the cost (e.g. sue you), since their error in not processing the deduction from your final check should not prevent them from seeking the money now, but they should not be able to successfully press charges.
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