Legal Question in Employment Law in California
Can my ex-employer?
hold my last weeks paycheck if at the time I was fired I was also arrested?
Asked on 2/22/01, 5:58 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Can my ex-employer?
Without more information it is impossible to answer your question. If you were arrested for stealing money from your employer, then yes, the employer can offset its loss against your paycheck. If the loss was inadvertent, or a mistake, then probably not. If the arrest is completely unrelated to work, the employer has no basis to hold your pay and should, at least, mail the check to your home, if you are unable to pick it up.
Answered on 4/05/01, 11:55 am