Legal Question in Employment Law in California
Paycheck withholding
Can I as an Employer hold back a paycheck for re-compesation of stolen merchandise from an employee who is being fired?
Asked on 8/05/08, 4:49 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Paycheck withholding
Not without written agreement from the employee. Otherwise, you might have to bring a small claims or superior court lawsuit.
Answered on 8/06/08, 3:16 pm
Steven Miller
Steven L. MIller, a Professional Corporation
Re: Paycheck withholding
I represent employees only. with that said, my belief is no, unless of course the employee has agreed with you, and that it was completely voluntary. Your remedy is to pay the employee, and then if you feel there is money owed, bring her to small claims court. You can always file a police report, of if you have a fidelity bond, make a claim there as well. www.californiawagelawyer.com
Answered on 8/06/08, 3:32 pm
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