If I stole from my employer, can he withhold my paycheck?

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If I stole from my employer, can he withhold my paycheck?

I was fired for stealing at work and put into handcuffs. I admitted that I stole so the employer didn’t press charges. He said that if I step foot on the property again, I will be charged with tresspassing. All the merchandise was seized by the store owner. Then 3 weeks later, when I called to see about my checks and he rudely said, “Don’t call me or my business again or I’ll press charges” before I had anything to say. So is the employer legally able to hold my checks and for how long?

Asked on September 29, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, just because you may have stolen items from your former employer does not justify him or her refusing to pay you what you have earned for hours worked. As such, your former employer is obligated to pay you your pay check for hours worked immediately.


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