Legal Question in Employment Law in Georgia

I am a restaurant owner. We had an employee who performed both server and management duties. We just discovered that he has been stealing from us by crediting phony coupons to guests' checks after they had paid the full amount, leaving the leftover credit as a tip for himself. He admitted to doing this and he was terminated. My question is, is it legal to withhold his final paycheck to cover our losses? If it makes a difference, there will be server hours and management hours on that check. We have been able to prove $350 taken so far, but I suspect that there will be more as I dig deeper. His paycheck would probably be between $300 and $400. Thank you!


Asked on 1/18/10, 2:29 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you have a written contract that permits that, you can't steal from a thief just because he's a thief. Why would you risk costly litigation over that amount?

What I am not understanding is why you have not filed criminal charges. You are talking about a crime.

Possibly you might be awarded restitution when he is prosecuted, or, if you have the time to spend away from your business, you could sue him for the money.

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Answered on 1/23/10, 7:55 pm


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