Legal Question in Employment Law in California
We're a janitorial service that has government and city/county contracts in California. One of our employees was discharged for theft at the city San Marcos California contract for stealing thousands of dollars in laptops, computers and other electronics at one of the youth centers he cleaned. He has been arrested in sentenced to 5+ years as a repeat offender. Since his immediate arrest we have held his check since we have to pay the reimbursement as well a dishonesty fee to the contract. Are we allowed to do that?
2 Answers from Attorneys
Absolutely not. It is unlawful to hold an employee's paycheck for ANY reason. You can sue the employee for your loss, but you cannot legally deduct money from his/her check unless he/she agreed to in writing and in advance. If you withhold the employee's paycheck, you may be liable for waiting time penalties of one day's pay for each day he/she has to wait to be paid up to 30 days PLUS his/her attorneys' fees. It will be worth you time to call an employment law attorney to discuss. 949-481-6909.
I agree. You have a right to sue the employee for reimbursement, obtain a judgment, and execute on that judgment. You are not allowed the "self-help" remedy of simply withholding his paycheck. The action you propose will subject you to the penalties and risk of attorney's fees that Ms. Karila discusses.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
