What can I do if I was falsely accused of stealing money from work and therefore was not paid my last paycheck?

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What can I do if I was falsely accused of stealing money from work and therefore was not paid my last paycheck?

I have been accused of taking money that was missing. My boss fired me with out paying my last paycheck. Could I report this issue to the department of labor? Should I take them to court? Or would this cost me more money?

Asked on July 15, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Even if your employer thinks you stole or owe them money--even if he's right--he has to pay you you for all the work you did, including the last paycheck. If you did not receive your last paycheck, you could try contacting the department of labor or help, or possibly bringing your own lawsuit (potentially in small claims court, where you don't need an attorney, so you'd only have a filing fee, which is usually around $50).

2) If your boss does think you stole and thinks the company's entitled to the money, the company can sue you for it; that's their recourse, to try to win the money in court, not to withold pay.

3) If the company thinks you stole, you could potentially be reported to the police.


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