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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6770
Experience:  Licensed attorney helping individuals and businesses.
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An employee was let go. There was a citation/ticket issued.

Customer Question

An employee was let go for theft. There was a citation/ticket issued. The value of items taken is about $400+ and her check was $244.71. Are we able to stop payment on this as a to replace the items taken?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

No, unfortunately not. An employer is not allowed to stop payment on a check issued or to withhold all or a portion of a paycheck without written consent from the employee or a court order. It is a violation of the Fair Labor Standards Act to do so.

You would have to file a lawsuit and get a judgment and then get the court to order a garnishment of the wages before you could withhold them and, realistically, it takes more time to do that than the time between paychecks.

Expert:  Dwayne B. replied 1 year ago.

Did you have additional questions?