Legal Question in Employment Law in California

Re: Is final paycheck owed to embezzler?

The law requires that an employee must recieve their final paycheck at the time of discharge, or three days after a resignation. The final check must be paid even if the employer believes the employee may owe money for something, whether embezzlement, theft, a debt, etc. An employer who believes an employee has liability for embezzlement must do what all other potential creditors must do: File a lawsuit, obtain a judgment, and then initiate collection proceedings. The courts and legislature have concluded that an employer should stand in no better position than any other creditor.

Re: Is final paycheck owed to embezzler?

I disagree. I believe documented loans and salary advances can be deducted from the last check, but not claimed embezzlements.