Payroll Check Insf Now Employer Claiming Theft

[JESS70]

My bank just informed me that my husbands last paycheck bounced in my account. When I contacted them they more or less accused him of stealing tools. MY husband is in construction but uses his own tools. This company is using this as an excuse not to pay him his paycheck. The paycheck was issued and now returned for insufficient funds. Can they withold a check for a supposed theft? To begin with on the actual payday they didn't have the check for him. He had to go to work for this company the following wednesday and work a day just so they would give him the check. He obviously is not getting paid for that day either. How does someone protect themselves from this kind of behaviour? Can they just accuse someone of theft with no proof at all and stop payment oR choose not to honor a check already written? Obviously the nj state labor board will be a help in this matter. Now, what to do with this check if I can't they don't have the funds to cover it.
Can you put a stop payment on a payroll check?

 

[cbg]

They cannot withhold pay for time actually worked, and his recourse for that is to file a complaint with the NJ Department of Labor. (They are not legally obligated to pay him for the day he went in to pick up the check, unless he actually performed some work on that day). The state DOL will also be able to help with bounced paychecks.

However, if they believe that he stole the tools, they are allowed to say so and they are allowed to discipline him (not by withholding pay, but there are other legal methods of discipline) even if they do not have proof. They are not a court of law; proof is not legally required.