I recently left an office job i was unhappy in. I left thursday. Today i was told by
another worker that the office is missing 300 in cash. I did not take anything from
the office when i left. They still owe me direct deposit pay. Can they legally take
the money without evidence? Can they report me and have me charged?? The
office has two other employes that are still in office.

Asked on February 19, 2019 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Is direct evidence (e.g. a videotape; witness testimony that they saw you steal) strictly necessary? No, though it is clearly helpful. If you were the only person who had access to the missing money when it went missing, for example, that could be enough; or if the other people who had access all testify that the money is missing and they did not take and they are believable (and you are not), that may be enough, too.
They can't take the money from your pay without your consent or permission. They could sue you for the money or report this to the police; the authorities would then consider the circumstances and decide if there is enough to bring charges, possibly after some additional investigation.

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