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  1. #1
    Join Date
    Dec 2011
    Location
    Indiana
    Posts
    1

    Default Fired from Job, Can They Withhold My Last Check

    My question involves labor and employment law for the state of: Indiana

    I was recently fired from my job of six months after I was accused of stealing money from the company. They conducted an interview with me and I admitted to doing it; I am not proud nor do I condone my actions. Here's my question: My employer stated I would have the opportunity to pay them back for what I took, and also that they will be withholding my fnal paycheck until all is settled and I have paid back what they believe I owe. No set amount has been determined. Do I have the right to file an appeal in defense of them withholding my paycheck? After all, I did work those hours and earned that paycheck.

    Please help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,629

    Default Re: Fired from Job, Can They Withhold My Last Check

    You can file a wage claim for your last paycheck. In Indiana, you must file a wage claim with the state before you can file any kind of civil suit. I can't promise what the state will say when the employer explains why they are withholding your check.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Fired from Job, Can They Withhold My Last Check

    So it was OK for you to steal money from them....but you are mad they are withholding your last paycheck...

    Do not be surprised if you are denied Unemployment benefits. And don't be shocked if your employer decides to pursue criminal charges against you.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Fired from Job, Can They Withhold My Last Check

    Quote Quoting PandorasBox
    View Post
    So it was OK for you to steal money from them....but you are mad they are withholding your last paycheck...

    Do not be surprised if you are denied Unemployment benefits. And don't be shocked if your employer decides to pursue criminal charges against you.
    Innocent until proven guilty? They cannot hold your paycheck. They did not call the police yet? It won't look good for them holding your paycheck, if they are.

  5. #5
    Join Date
    Jul 2010
    Posts
    3,695

    Default Re: Fired from Job, Can They Withhold My Last Check

    Did you sign any kind of authorization for them to apply the paycheck to your restitution? I know some companies use those. It can sometimes be confusing when you are going through the interview process and it's possible they asked you to sign one and you did. Absent you having done that, I would definitely file a claim.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,629

    Default Re: Fired from Job, Can They Withhold My Last Check

    And yet, I have this vision of the poster contacting the state and complaining that he has not been given his last paycheck because he stole from his employer.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Fired from Job, Can They Withhold My Last Check

    Quote Quoting cbg
    View Post
    And yet, I have this vision of the poster contacting the state and complaining that he has not been given his last paycheck because he stole from his employer.
    they may but they are two separate issues & not related. otherwise every employer would do the same to every employee.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,629

    Default Re: Fired from Job, Can They Withhold My Last Check

    Did you actually READ my post, Dave? I told the poster to file a wage claim, too. But I'm not talking entirely out of my hat, here; my husband had an employee steal a couple of grand from him and we went through this at that time.

  9. #9
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Fired from Job, Can They Withhold My Last Check

    Innocent until proven guilty:

    I was recently fired from my job of six months after I was accused of stealing money from the company. They conducted an interview with me and I admitted to doing it;

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,744

    Default Re: Fired from Job, Can They Withhold My Last Check

    I usually tell them if they make restitution at the time they pickup their check, I will not press charges.

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