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Fired employee for theft. Can I hold his paycheck?

On Lawyer & Legal » Employment & Labor Law

5,101 words with 11 Comments; publish: Sun, 01 Jan 2006 23:30:00 GMT; (80062.99, « »)

The state is: Florida

I recently fired an employee for many things but mainly for theft and was wondering what the law says about holding his last check. The ploice are still investigating but they tell me they have enough to prosecute for at least 1 of the charges. The first theft was for $700 (magicaly disappeared out of the cash droor) and the second was for about $100 (using gas account to fill up his personal car and got him on tape). His last paycheck is $300+ $200 commission and it would help a great deal if I could use the paycheck to help recoup the loss. Need a little advise.

Thank You

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  • 11 Comments
    • Thanks for your reply. I'm sure you are correct but I have to say that really sucks. My former employee is about to file for bankruptcy so If I give him his paycheck and press charges I won't see a dime. Even if they find him guilty im screwed. Just one more downside to being a small business owner. So many useless laws in this country yet no law to protect small business from some young punk screwing me out of a bunch of cash. All I can hope for is Karma.

      Thanks for the replies

      #1; Mon, 02 Jan 2006 01:29:00 GMT
    • Quote:
      === Original Words ===

      You need to pay him by the next regular pay date for his class of employee.
      Can you elaborate? His "class"? From a legal standpoint?

      Thanks

      #2; Wed, 04 Jan 2006 01:32:00 GMT
    • You need to pay him by the next regular pay date for his class of employee.
      #3; Tue, 03 Jan 2006 11:41:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state? Florida

      I recently fired an employee for many things but mainly for theft and was wondering what the law says about holding his last check. The ploice are still investigating but they tell me they have enough to prosecute for at least 1 of the charges. The first theft was for $7 (magicaly disappeared out of the cash droor) and the second was for about $1 (using gas account to fill up his personal car and got him on tape). His last paycheck is $3 + $2 commission and it would help a great deal if I could use the paycheck to help recoup the loss. Need a little advise.

      Thank You

      NO! You cannot withhold his check. You need to press charges, for the theft.
      #4; Mon, 02 Jan 2006 01:05:00 GMT
    • Quote:
      === Original Words ===

      I think you need to be careful here - in this country, people are considered innocent until proven guilty. Not until *charged* with a crime.

      You should consult an employment attorney for your state.

      Thanks for the reply. If I consult and attorney it will cost at least $300-$500 and then it defeats the purpose as were only dealing with $300-$500.
      #5; Mon, 02 Jan 2006 01:03:00 GMT
    • From what I have seen on this forum you are correct about no laws concerning paying in a timely matter. Past posters needing to recover pay have been advised to file in small claims court.

      The thing I would be careful of is if this is percieved as retaliation it may come back to bite you.

      #6; Mon, 02 Jan 2006 23:31:00 GMT
    • Thanks for the quick reply.

      Any ideas on how I can cover my butt. I dont want it to look like retaliation but I want to do everything possible (while not breaking the law) to hold his last check as long as I can.

      #7; Mon, 02 Jan 2006 23:50:00 GMT
    • I think you need to be careful here - in this country, people are considered innocent until proven guilty. Not until *charged* with a crime.

      You should consult an employment attorney for your state.

      #8; Mon, 02 Jan 2006 00:58:00 GMT
    • Same topic different question.

      From what I've read online there is no law in place in florida as far as how much time I have to issue my former employee his last paycheck. So my question is how long can I really hold his last paycheck? Law or not the has to be a limit doesnt there? Its not like I can hold it for 1/2 year, or can I? I dont want to break the law but I feel betrayed by this guy and I want to hold his last paycheck as long as I can.

      Thanks

      #9; Mon, 02 Jan 2006 23:16:00 GMT
    • Quote:
      === Original Words ===

      My former employee is about to file for bankruptcy so If I give him his paycheck and press charges I won't see a dime.
      Criminal restitution is not a dischargeable debt
      #10; Mon, 02 Jan 2006 23:51:00 GMT
    • I think what Gadfly means is the next regular payday for the employee group that your ex-employee used to be in.

      Some employers have more than one group (or "class" as they sometimes call them - not a legal term, just a word some employers like to use instead of "group") of employees - for example, hourly employees, salaried employees, production employees, sales employees, and so on - and each of these employee groups may have a different pay cycle. So for an employer like that, saying that the ex-employee should be paid on the next payday gives rise to questions like "Which payday?" Saying that it should be the next payday for that employee's class (or group) is clearer.

      #11; Wed, 04 Jan 2006 09:10:00 GMT