If terminated for theft, is your employer still obligated to pay your final check?

UPDATED: Oct 1, 2022

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If terminated for theft, is your employer still obligated to pay your final check?

By mutual agreement on both sides, if admitting to theft and forfeiting last pay amount which was very close to taken amount, no criminal charges would be pursued. Even have several text msgs from GM stating we were square and it was over. Six months later not only do I find out there were criminal charges filed and they kept my pay, now I’m receiving papers from firm representing employers insurance company wanting restitution from me for the claim my employer filed because of me.

Asked on October 31, 2018 under Employment Labor Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

One thing has nothing to do with the other. In other words, payment of your wages is seperate and apart form any theft that may have occurred. That is unless there exists a written agreement to the contrary, such as an employment or union agreemnt, etc. The fact is that an worker must be paid for all hours worked. To the extent that you owe your employer for any money stolen, then they may sue you for it but they cannot just fail to give you a paycheck.

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