Is it legal for my employeer to hold my final paycheck and not give it to me because she said i was stealing?

Question

from the company. she said she dont have to pay me

Answer 1

No. If she believes you stole from her she must still pay you, but can then both file a criminal complaint against you, and sue you for her losses.

Both, though, will require that she be able to prove it. As of now, though, depending on your State, you're very likely entitled to penalties from her for late payment.

Richard

Answer 2

Your are asking a legal question that should be addressed by an attorney.

However, an employer is liable for payment to an employee for work performed, regardless of reason for termination. The employer may elect to not pay you any severance pay, unless you are employed under an employment agreement which states otherwise.

If the employer has stated before a witness who will testify to same, or gave you written notice of temination including in said written notice her claim that your were stealing from the company and that is the reason for your termination and etc., you may have a claim against her. Unless she has verifiable evidence to support her claim, you may have grounds for a sizable claim against her.

Only a foolish employer makes a false claim against an employee for the purpose
termination,especially in a state where the employee is employed at the will of the employer and can be terminated with or without cause.

If you file for unemployment benefits, plus unpaid wages, the employer has the right to protest your claim, but the burden of proof then becomes hers at any review process, or resulting hearing on the matter, conducted by the state unemployment agency. The determination of the state agency can be challenged in civil court,but you attorney's fees for such action may far exceed the money owed you by the employer should you lose the case.

Sometimes, in a questionable situation, it is simply less emotional and, probably, less expensive for you chalk it up as a personal conflict brough about by the employer which resulted in her mistaken assumptions regarding you, saddle your horse and ride out looking for another job.

Regardless of the facts, the aforelisted are things you should be aware of before proceeding with any action on your part.

Sometimes an attorney will not charge you for an initial inteview, but you should go to the inteview prepared with a carefully itemized statement of facts regarding the situation plus any evidence you may have to support your postion and claims. Keep it beief and to the point, and no name calling or assumptions...just the facts and any supportive documentation...keep calm and professional regarding the situation...you want the attorney to get a positive image with respect to your demanor.

Answer 3

NO you need to contact your state's labor board and file a complaint. You may have other legal rights under your states law and should atleast consult a attorney. Many will handle cases such as these for a percentage and some can get the job done with a simple letter on their letterhead demanding payment.

Answer 4

No. You are innocent until proven guilty. so your employer needs to pay you until they can prove your are guilty let her know you will report her to the better business bureau as well as the police and that you will be seeking legal advice if she does not give you your paycheck which you are legally entitled to.

Answer 5

No. Unless she brings charges against you, she must pay. If you bring charges against her, I believe she would be at fault now.