Can Earnings Be Withheld If An Employer Catches Employee Stealing?
I am a business owner in the state of Wisconsin. I have been faced with a situation I've never had. An employee and several accomplices were caught on video stealing from the premises. Cops are involved with this and charges are being pressed. The employee has been fired, but can I also withhold his last earned wages since he stole from me?
no, he has earned the money and must be paid even if he was stealing from you.
yes you can.
no.
He earned that money, yes, he is a thief, but if you withhold that money, you are theoretically stealing from him.
The only way you can legally do it, is if you get a court order to do so.
Sorry.
yes
Answer:
You can in Virginia, and Georgia. I have done it. But be careful. You still have to send the tax dollars that were deducted, and record exactly the amount kept AFTER deductions. And it must be less than the amount stolen. The prosecuter will also need to be told because should they have to reimburse you for loss and damage it will be deducted from that judgement.
But check with the labor board to see if it is legal.
Most employees will not argue to get thier money, because it will hurt thier case in court, or they just want it to go away and never come back to get thier check.
Also in the future you can have your employees sign a policy that in the event of theft they forfiet thier paycheck to cover losses. This will prevent future problems if it should happen again and is completly legal as part of a hiring agreement or company policy.
Put the money in a trust account and then get a court order to take it. That way you are not 'withholding' it as you paid it into the trust account and you can not be sued for illegally withholding his wages
i believe that u can hold them until court and tell the judge that u are planning on keeping the pay for retribution and u should be ok
Teamlessbear is the ONLY one who gave you a correct answer. Without a court order stipulating that you may 'recover' the damages, you do not have the authority to withhold wages and/or property.
If you want clarification, then call your state Department of Labor. By the way I AM an attorney.
