Can an employer withhold my paycheck if I am being fired for theft of money?

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Can an employer withhold my paycheck if I am being fired for theft of money?

My employer is saying that I am being fired for taking money. Can he withhold my check?

Asked on August 16, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

No, your employer cannot withold your final paycheck due to alleged theft. If you are found guilty of th crime, then your employer can sue you in small claims court to recover its money, if necessary. If your paycheck is being wrongfully withheld, then you can either file a wage claim with the Division of Labor Standards Enforcement or file a lawsuit in court against your employer to recover your unpaid wages. Further, if you no longer work for this employer you can make a claim for the waiting time penalty pursuant to the Labor Code.
 


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