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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 28429
Experience:  Lawyer
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I own a pizza shop and caught a women stealing cash out of

Customer Question

I own a pizza shop and caught a women stealing cash out of the register. We have her on video. I wrote her up for it. In the write up I put that she agreed to pay us back with her last 2 checks and that she was fired. In exchange for paying us back we wouldnt call the the police. She signed the paper but now she wants her last 2 pay checks. We don't know how much she stole. We only caught her on tape once and at most it would have been $100. I am sure she stole more.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: We are in ohio.
JA: Has anything been filed or reported?
Customer: not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We don't want to pay her. do we have to. We have signed paper with her agreeing to pay us back.
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You do not have to pay her the amount that she agreed to repay you, but you don't have any legal basis for keeping more than that. If you can prove she took $100, that's all you're allowed to keep. If you withhold more, Ohio law allows your employee to sue you for the amount withheld, plus a penalty of 6% or $100, whichever is more. Ohio Rev. Code, Section 4113.15. You could wind up having to pay her more than the $100 you know she took.

You'd have the ability to file a counterclaim for the money she stole, but you need proof of every amount you're claiming. If you're sure she took more but don't have any evidence, I'm afraid that won't be good enough for a judge.

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Expert:  Lucy, Esq. replied 4 months ago.

Do you have any other questions about this?