Legal Question in Employment Law in California

Fired for $18 theift

Hello, I did a bad thing!! I am 18 years old and i work at a local hardware store for about a year ( part time but left incharge at certain days 1 employee) last week a customer came in at the end of the day and wanted to make a purchace of $18 i already closed up so i took the $18 and slipt it up with the other employee. Yes the owner aks me want happen ( same customer came in and wanted a refund no receipt) and i told him the truth and i was fired he told me that last week he was $40 short on a return and i know what happen and the other employee dealt with the return and i am 99%sure he stole the money,anyway he said that next week i can pick up my last check and that he wanted me to pay back the $ 18 but also the $40( because i was in charge) before he will release my final paycheck!! Can he do this ? this is a single ownwer,small pop type store, I know it was dumb of me and i learned my lesson .can you help me? I thought that if smeone was fired that their pay was at the time of discharge.


Asked on 10/22/04, 9:12 pm

2 Answers from Attorneys
Okorie Okorocha California Legal Team

Re: Fired for $18 theift

This is only $40 and I would not want to get into a dispute with the owner. What if he calls the police or something and you end up with a criminal record over this. Who knows what would happen. Even if you sued, you would have a hard time credibility-wise. You can call the labor board/commissioner, but I would not be willing to tangle with possibly criminal charges over $40.

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Answered on 10/27/04, 3:23 pm
Thomas Pavone Pavone & Cohen

Re: Fired for $18 theift

California law reqires payment at the time of termination, without deduction. Any deductions must be authorized by the employee in writing, even if for theft.

Employers are prohibited from holding a check until you repay a debt.

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Answered on 10/27/04, 3:41 pm


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