Can a job take your last pay if they suspect you of stealing.

Can a job take your last pay if they suspect
you of stealing.

Asked on April 29, 2016 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you gave express written permission for a deduction to be made, money cannot be taken from your paycheck (other than for child support, etc.). However, the fact is that if you stole money, you still owe your employer. If they have a case, they can sue you for any amounts owed to them (as well as file a criminal complaint for theft). At this point, if you cannot get the money taken from your check, you can file a complaint with your state's department of labor and/or sue your employer in small claims court.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, your job may not keep or take your last paycheck, even if you owe them money or stole from them. If they do, you could file a wage complaint with the department of labor. They may sue you for the money, of course, if they feel you took it and you don't repay it; if they believe you stole, rather than, say, taking it accidentally, they could also press charges; but they can't withhold your last paycheck unlesss you give them permission (such as by way of repaying them or settling the matter).


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