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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34091
Experience:  More than 30 years in legal practice.
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I hade an employee quit and then found out he was adding 1

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I hade an employee quit and then found out he was adding 1 hour a day for travel on his time sheet. Can I with hold that from his final pay check?
Thank you for using JustAnswer. I am Loren and I will do whatever I can to provide an honest and accurate answer to your question.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

As a general rule, an employer may not withhold an employee's final paycheck or deduct from the wages without a prior agreement with the employee. However, fraud is one exception that allows an employer to withhold wages. If an employee falsified their time sheet or work hours, the employer does not have to pay for the hours they did not actually work.

However, you can only withhold the falsified wages from that particular pay period. You would need to sue the employee for any alleged fraud to recover wages which have already been paid.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, be sure to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.


Loren and other Employment Law Specialists are ready to help you
Thank you for your positive rating of my service to you and you generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

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