Legal Question in Business Law in Washington

I was a store manager. I bought general mechandise items for resale. The corporate accountant, without asking me any questions, files a criminal complaint that said I was stealing from the store.

In suspect were 68 high priced items. I have proof of sales for 60. The other 8 were sold through our old cash register system. That system could not record individual items but did record end of day totals for each department.

There is no way for me to prove the items were sold, just as there is no proof that those items did not sell and the store was paid. The inventory system is old and there is no way of knowing either way.

I am 99% certain thos 8 sold and the store was paid. They were large items so the chance of theft was small. The company CEO terminated me, and no is withholding my last months salary plus my PTO--a large sum.

I talked with the companyies attorney and he stated that, "I will be owing the store restitution and until they can figure that amount out, he will not release my last paycheck.".

I believe they must pay me my wages, then if they believe they have a case to sue me in court.

I know legally they are not suppose to be able to withold my wages.

But when this goes to court will the company not have prove the items did not sell? I would have to prove they did sell? What is my legal recourse?

Thanks

D


Asked on 8/21/09, 7:38 pm

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

This sets up a strategy game. If you take the next step, what step(s) might they take next? What are your downside risks if you just go after the money now?

As you might see, there are a lot of options and possibilities.

I am in Seattle, and you are not, so I might be of limited value to you.

If you want to discuss it further, you can reach me at (206)624-6761 or [email protected].

Charlie Cruikshank

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Answered on 8/27/09, 10:47 am


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