Can my employer withhold my last paycheck if he caught me stealing on camera but I paid it back?

UPDATED: Sep 30, 2022

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Can my employer withhold my last paycheck if he caught me stealing on camera but I paid it back?

I took $30 from my employer but I paid it back. Then he said if I didn’t want him to call the police I had to give up my last check. Can he do that?

Asked on February 20, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, he can't withhold your last paycheck against your will--even if you did not pay it back. An employer may not withhold pay for criminal acts or becasue the employee owes money; paychecks may only be withheld with consent (if you agree to let him do it) or as required by law (such as court-ordered wage garnishment). You have a right to be paid, and could sue for the money. He does have the right to report to the crime to the police, if he chooses.

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