Holding last paycheck

[erikamis]

Let me start by saying that I was terminated from my job for taking money. I made restitution within 2 weeks and have paid her back in full. She told me that she would mail me my last paycheck when I paid her back in full. She recently sent me a letter stating that I took some clothes from the store without paying, but I know for a fact that I did not. I know I stole the money and I fessed up and paid it back but I did not take any clothes without paying. We had the option to use payroll deduct for any uniforms that we wanted so that is what I did everytime I purchased. We also had the option to order uniforms from our vendors. I ordered a lot of things because we were never told we could not. I did not take a lot of the items because they did not fit me and now all of a sudden out of now where she is saying I did take them and that the items are not in the store. I know that their inventory is horrible at that location not to mention they do outside sales that they do not keep track of. I think she is doing this to me to get me back. But I did work the hours and she is refusing to give me my check. I did not take anything that was not turned into payroll. Well payroll is headed by her daughter in law and now all the papers I turned in are not there and the items have just dissappeared. I do not know what to do. I dont want to get into trouble and I want my paycheck that I worked for. Can she do this legally? And if I made restitution can she still press charges or have me arrested? Thank you for your help.

 

[jharris352]

Restitution does NOT prevent prosecution. She can't withhold your paycheck though. She is trying to get one over on you. But, because you stole from her, you might not want to push your luck either.

 

[cbg]

You are free to file a wage complaint with the state DOL and see what they say.

 

[Patricia_Young]

Actually, you're going to have to either file a claim with the federal DOL or sue in Missouri small claims.

Q. If an employee is terminated when are their final wages due?
A. Wages are due at the time of termination. If not paid at that time, the employee should contact their former employer by certified mail return receipt requested, requesting wages that are due. The employer would have seven days to respond to the written request. If the employer does not respond in seven days, because the state of Missouri does not have authority to collect wages for any individual, any moneys due would have to be collected by private legal action. Suit may be filed in Small Claims Court if the amount claimed is under $3,000.00 or by private attorney for a greater amount. (See RSMo Chapter 290.110)

http://www.dolir.mo.gov/ls/faq/faq_general.htm

 

[erikamis]

I signed a contract with her the day I was terminated that if I made restitution by Nov. 1st she would not pursue legal action. So that is what I did, if there is a contract can she still prosecute me. She is holding my paycheck because she thinks I took clothing that I did not take. Can she do that?

 

[Patricia_Young]

SHE does not prosecute. The District Attorney decides whether to prosecute based on the evidence.

What did I say yesterday? No, she cannot hold your paycheck. You would have to sue in small claims court to recover the unpaid wages.