Employee Theft & Last Paycheck

BankHR

If an employee is found to have stolen from the company and the monetary amount is determined, can the last paycheck be legally withheld to, in part or in whole, repay the company?

For instance, if the employee stole $500 from a register and they made $600 a paycheck, could you pay the employee $100 to ensure the company recouped its loss?

Thanks.

LivindonSouth

Yes, you can do that, but not legally.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

SMace

This is TX FLSA. If you interpret that since the cash register was short they stole it, I'm not sure it will fly. You probably are going to have to pursue in small claims court.

Deductions

An employer may not withhold, deduct, or divert any part of an employee’s pay unless the employer is required or empowered to do so by any government agency, or when the employee authorizes the deductions or retentions in writing; or for medical, surgical, or hospital care or service, pursuant to any rule or regulation.

Examples of items that may not be withheld from the employee’s pay include the following:

¨ Bad checks from customers.

¨ Improper use of credit cards by customers.

¨ Customer walkouts.

¨ Cash or register shortages.

¨ Damage or breakage costs.

dchr9203

[font size="1" color="#FF0000"]LAST EDITED ON 07-26-05 AT 04:05PM (CST)[/font][br][br]
Not without the employee's signed consent authorizing you to withhold it. Even then, there may be some state guidelines that prohibit it. Check with your state's DOL.

ray a

I can say from experience that in NY only 10% of the last paycheck can be withheld. The rest must be paid during next payday. The remainder of what the ee owed the company must be collected thru small claims court. But, my boss is able to deduct the entire amount from the last check in MD. Apparently, it varies by state.

LivindonSouth

I was wondering today and just now where you were Raymond and whether I needed to put out a red alert.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

Balloonman1

Make him sign a repayment agreement authorizing you to withhold it from the last check. Then you are good to go.
My $0.02 worth,
Balloonman