Ask a Lawyer and Get Answers to Your Legal Questions
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.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Do you have any other questions about this?