Can pay last paycheck be withheld?

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Can pay last paycheck be withheld?

my employer allowed me to borrow the money from the cash register. However, now she is saying that she didn’t and got the police involved. I have texts saying that I could. I no longer work there and she is threatening to keep my last check or she will file charges. Can she do this and what do I need to do?

Asked on June 30, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) She can't withhold your paycheck without your consent or agreement; the wage and labor laws are very clear about that.
2) If you borrowed money and don't repay it, she can sue you for the money.
3) Theft requires criminal intent--that is, an intention to steal, not to borrow with the agreement of the other person. If you can prove, as indicate that you can, that you borrowed with her permission, you have a good defense to theft charges (but again, she can sue you for the money if not repaid). Note that does not mean she cannot initially file charges against you, because if/when she does, the police will only know what she tells them; you would have your chance to present evidence to the contrary later in the process.


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