Legal Question in Employment Law in Virginia
Withold paycheck and payback missing money
I recently picked up a summer job at a major retailer as a sales associate. However, supposedly there have been fradulent transactions under my cash register identification number. There is supposed to be other evidence against me as well. I have be ''fired'' from the company, and I have not received my paycheck for the past week's wages. On top of that, they want me to payback restitution for the amount missing stemming from these transactions to avoid possible court action. Is it legal for them to withold my paycheck for time I have worked for? On top of that, am I legally responsible for paying the missing money? The amount is only a couple hundred dollars that I don't even understand why such a major retailer is so desperate to pursue a college student for it. Thanks in advance.
1 Answer from Attorneys
Re: Withold paycheck and payback missing money
In regards to your first question as to whether it's "legal" for the company to withhold your paycheck, the better question might be can the company as a practical matter come up with a variety of reasons excusing the delay or indefinite withholding of the issuance of your check under these circumstances and, of course, the answer is yes, they undoubtedly can, and, perhaps, have already done so.
You would only be legally obligated to pay for the missing funds if you were found guilty by a court (or entered a plea) and ordered to pay restitution or you voluntarily signed a promissory
note for the amount of the missing funds.
Over time, these "couple of hundred dollars" can add up to quite substantial amounts of money which
is undoubtedly why this major retailer is pursuing you, a college student-----and will continue to pursue many others whom they believe have committed larceny while in their employ.
Of course, if the company continues to refuse to issue you your check, you always have the option of suing them in small claims court.
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