Legal Question in Criminal Law in Ohio

Re: back pay

As a general rule, the answer to your question is "no." Theft requires proof of an intent to illegally deprive someone of their property. In this case, it sounds like the company simply failed --- and failing in business is not theft.

Like everything else, however, the devil is in the details. It may be that, under the unique facts of your case, a theft charge would make sense. The best way to find out if your case is one of the rare few where charges can be filed is to talk to the prosecutor in your county. After hearing the facts, the prosecutor will let you know if charges are appropriate.

Most likely, you are going to be left with a civil claim for money damages.

I hope this information is helpful.