Legal Question in Employment Law in California

Paying wages at time of discharge
I discovered an employee had stolen from me, the discovery was made Friday after business hours. I traveled to the location the employee works at, which is 1 hour from my office on Saturday morning to be there when he reported to work. As soon as he arrived (15 minutes late)I told him he was terminated and that his check would be available Monday morning because I had to take the time sheet back to the office and process the check. I did not give any other information because charges were pending with the local police department.(he is now aware of the charges and has hired an attorney) He did not pick-up his check so I mailed it to him. He is now claiming
wages due 2hours IWC 7-2001 and 10 days wages because he did not receive his check for 10 days Labor Code 201. Is there some protection for employeers when an employee steals?

Asked on 9/30/01, 1:15 pm

Francis Doherty Doherty Georgeson & Kerley LLP

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Re: Paying wages at time of discharge

No. You may not use your unique position as an employer to exercise self-help.

Francis Doherty

Answered on 10/06/01, 4:36 pm

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