We had an employee rob our store. The police arrested him and have collected the stolen money from him. Do I have to give him his paycheck or am I able to withhold it?
2007-09-28 01:32:09 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I know it seems tempting. But as long as you got back everything he stole and he doesn't owe you anything (for damages or such), then you cannot legally withhold his paycheck. It's considered purely a civil matter, and it's still something you owe him regardless of any criminal acts he committed. One issue does not have any bearing on the other. It would be like you pulling out a gun and stopping a mugger, and then proceeding to rob him of his own cash. You will have to give his paycheck to him if he requests it (once he gets out on bail, of course). Yes, he would look stupid if he sued you over it and you can tell him to kiss your @ss and take you to small claims court if you want to give him a hard time, but the judge would be obligated to side with him and might even make you pay his court fee.
2007-09-28 02:01:59 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You have the obligation to pay the guy his paycheck and not to withhold it on whatever reason pertaining to the incident aforementioned here. Because the incident has nothing to do with his paycheck, that is why the employee in this case has the right to claim what is rightfully his.
Withholding the said money would definitely be a ground to sue the company of swindling or fraud.
2007-09-28 04:10:43 · answer #2 · answered by Anonymous · 1⤊ 0⤋
They pay check is his. There are no circumstances under which you can legally withhold pay.
The pay is money that the employee earned by performing a service for you, the only way you can withhold pay is if the employee neglected to perform a service, by way of not showing up.
The employee could sue you (and win) for his pay, plus the interest allotted by your local workers rights legislation. In the case of withheld pay, the law is on his side.
If you would like to reclaim your losses file a civil case.
2007-09-28 01:54:55 · answer #3 · answered by smedrik 7 · 3⤊ 0⤋
I think you can withhold it. Some summer help where I work skipped out on their food bill for lunches at the cafeteria when they had worked their last week. When they came back a week later to pick up their final check, they had to see human resources first and pay up their debt. Not only that, but they were told not to come back the next summer.
2007-09-28 01:37:59 · answer #4 · answered by Gabi ng Lagim 7 · 1⤊ 0⤋
If the money that was stolen was given back, why do you need to withhold his check? By not giving him his check it is because you are upset. That is against the law in itself and you can be sued for not paying for wages earned by hours worked at your business. If you are owed money that needs to be done legally. If he doesn't pick up the check, then there is no need to worry. But if he tries to pick up the check and you refuse to hand it over, that is against the law. DO IT LEGALLY to protect yourself. Yes, he does not deserve to be paid because he robbed you, but the courts do not look at it like that.
2007-09-28 01:50:39 · answer #5 · answered by HotNurse71 4 · 2⤊ 0⤋
Thats a really good question.
Using common sense. Whatever time he worked for (even though some of that time he was stealing ) he should and i believe has to get paid. Example: someone goes into their first day of work and absoulutly hates it. those 2 or 3 hours should and have to get paid.
But if i was an employer, i would really hold his check and if he brings you to court, you have more chance of winning. Since he has a criminal record. Whats he gonna say "They stole my money"! ;)
Hope i helped
2007-09-28 01:38:51 · answer #6 · answered by onaitsebas 2 · 2⤊ 0⤋
You don't have that right without a court awarding you that right. Perfectly understandable on your part, but the law is such thath he did the work, so you owe him his wage, simple as that. Otherwise, you would be liable for violation of labor laws.
I assume you DID fire the guy, though, right?
2007-09-28 01:45:16 · answer #7 · answered by ? 6 · 3⤊ 0⤋
I think that you have to pay him or he will sue you under the labor laws and probably win. Consult an employment attorney to find out where you stand.
2007-09-28 01:48:02 · answer #8 · answered by Mildred S 6 · 2⤊ 0⤋
Withhold it until you get all of your money back. Then pay him if there is money owed.
2007-09-28 01:35:44 · answer #9 · answered by regerugged 7 · 0⤊ 1⤋
I would withhold it on principle.
If he comes, and tries to collect it, tell him that you already spent it on the bullets that you are going to put into his head if he doesn't go f**k himself ASAP.
2007-09-28 01:37:30 · answer #10 · answered by Anonymous · 1⤊ 2⤋