Employee stole from the company. Miss used a company credit.

I would like to know what action can I take.
Am I allowed to hold his last pay check?
Can I fill out a police report to have him arrested.

Asked on October 12, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the law is very clear that employee paychecks may *only* be withheld 1) with employee consent, or 2) as required by a court or other legal order (such as court ordered wage garnishment). Otherwise, even if the employee owes you money or stole from you, you must pay him his paycheck.
You can however take other actions for his theft:
1) Terminate him, if you have not done so already;
2) File a police report for theft and look to press charges;
3) Sue him for the money.
The one thing you can't do is withhold pay, not unless he agrees to it (e.g. agrees to let you have the paycheck to repay what he took).

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