If an employee stole from a company, was arrested and then fired, should their last paycheck be held back until the matter is resolved?
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If an employee stole from a company, was arrested and then fired, should their last paycheck be held back until the matter is resolved?
Asked on June 2, 2012 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In your state an employer must issue a final paycheck to an employee who has been terminated on or before the next regularly scheduled pay date. There are no circumstances under which an employer can totally withhold a final paycheck under state law. Employers are typically required to issue a final paycheck containing compensation for all earned, unpaid wages.
If fact if you are found guilty of the charges that you were arrested for, the court will order restitution and/or your former employer can sue you for damages in civil court to recover any losses.
Bottom line, if you don't receive your finalpaycheck you can file a complaint with your state's department of labor and/or consult with an empolyment law attorney in your state.
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