Pay check withholding

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Pay check withholding

I worked for a cleaning company cleaning offices at night. Now one of their clients, an optical shop, says that they have a video of me stealing 2 pair of glasses. I did take the glasses which I know I should not have done and I tried them on but then left them. I never walked out the building with the glasses. My ex-employer says that they are withholding my paycheck and that I need to still pay an additional $141. Can they keep my check?

Asked on January 23, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they can't withhold your paycheck without your consent or agreement: the law never allows employers to withhold paychecks without consent, except and only if ordered by a court (like court ordered wage garnishment) or otherwise required by law. This is true even if the employee owes the employer money--they employer still can't withhold pay. 
What they can do: terminate you (which they apparently did, since you call them your "ex-employer"); sue you for any amounts you owe them; and if you committed a crime, report you to the police and file charges.


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