If I was recently charged with a felony theft by taking by my employer, can it now withholding my last 2 paychecks?

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If I was recently charged with a felony theft by taking by my employer, can it now withholding my last 2 paychecks?

Asked on May 18, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your employer may not do this. An employee must be paid for all work he or she did, even if the employee owes the employer money or even stole from the employer. An employer may not deduct or withhold money from pay without employee consent (or permission), except as specifically required by law--which typically is FICA tax withholding or court-ordered wage garnishment. If the employer believes you stole from it and therefore owe it money, its recourse is to sue you, prove its case in court, and get a judgment against you; it may not unilaterally withhold your paychecks, and you could sue to get them if necessary.


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