Legal Question in Criminal Law in Ohio

I was accused of stealing brass and a block gage set from my employer. Well throughout the night I had randomly picked up pieces of brass that were laying around the shop that I didn't realize served a purpose, when confronted I gladly gave the few brass pieces back and was terminated for stealing, but I never took any block gages...I called today to find out when a good time to come.pickup my last two day pay would be, the owner informed me that due to the block gages still missing that I would not be receiving my last check, and if I showed up there tommorrow he would have me arrested for stealing, well as I was on the other line with the better business bureau they beeped in, I answered and they told me to be there tommorrow at 10am to get my check...so my questions are, 1 can they legally keep my two day check, 2 can they have me arrested if I went there to get it tommorrow, and 3, are they trying to bait me there to have. Me arrested or am I safe to go get my check?


Asked on 3/26/15, 1:12 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Whether or not the business decides to have you charged is completely up to them at all times. They could decide to contact the police whether or not you pick up your last check.

If you feel confident that there is no way they could actually convict you then you should continue to demand your last payment. But perhaps you should do that all in writing. If you write to them and say that you did not steal the brass blocks and that you never took any brass out of the place, and further that you didn't know that that wasn't appropriate and thought that it was waste product, then I think you have stated a strong case for yourself. Some employers have a way of holding onto checks improperly and then making up excuses after-the-fact, but the threat of criminal prosecution is real and would certainly be expensive if it happened.

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Answered on 3/26/15, 1:57 pm


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