Keeping final paycheck.

[lalynneski]

I was notified that I was being accused of theft and would be arrested when I showed up at work. I did not go. I have not heard anything from my employer or received my paycheck. I was told that no decision had been made as to filing charges. It has been eight days. Today was my payday but I was not issued a check. The check is being kept for loss of theft. Am I due my paycheck?

 

[Michael Wechsler]

I was notified that I was being accused of theft and would be arrested when I showed up at work. I did not go. I have not heard anything from my employer or received my paycheck. I was told that no decision had been made as to filing charges. It has been eight days. Today was my payday but I was not issued a check. The check is being kept for loss of theft. Am I due my paycheck?

Under law, I'd think that you are due your paycheck. You may want to think about how to handle this though. I have no idea whether or not you stole the item(s) and will presume guilt only for the sake of discussion. The company could recover the money for the theft in "restitution" eventually plus you'd end up being on the wrong side of an angry employer who would love to hang you even more for having the "chutzpah" to ask for your paycheck after stealing from him. In Spike Lee's movie "Do The Right Thing" I never appreciated the ending where Lee's character starts a riot and burning down his employer's pizza place by throwing a trash can into his employer's place of business. Later Lee's character had the gall to demand his salary from his employer, whose business he had ruined forever! To me, that was the wrong thing to do and if this wasn't a movie, Lee's character would have been subject to some serious legal consequences as a result. If it were me, I'd be more concerned about the criminal charges than my wages and you should probably find out what evidence your employer claims to have regarding the allegation that you are a thief.

 

[Beth3]

If you post back and say what State you're in, I or someone can advise you what your State's final pay requirements are.