If I was charged with theft by my employer and was terminated, am still entitled to my last paycheck?

They were the victim. They pressed charges an was arrested.

Asked on November 19, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you are still entitled to your last paycheck, and may sue (e.g. in small claims court) for it if you don't get it; even if an employee is fired for a criminal act, and even if the employer feels the employee owes them money (e.g. because the employee stole from the employer), the employee must still be paid for all work done. Of course, if you sue for the check, they are free to countersue for the amount you stole, and that amount will be an offset against what they owe you. Depending on how much you stole, it may not be worthwhile suing for the check, since you might not get much, if anything, from the suit, or could even owe them money (if you stole more than the check).


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