When employment terminates, at either party’s decision, the matter of final pay is often complicated by the employer’s desire to recoup funds from the employee for a variety of reasons. 

• Do you suspect the employee’s cash drawer was short the last few times she worked?
• Does the employee owe you gas money for having used a company vehicle for personal use over the course of a week?

Whatever the reason, employers feel they are entitled to deduct these funds from the employee’s final paycheck to recoup the money they are due.

If you feel an employee has stolen from you or your business, or simply owes you money, under the law, you cannot deduct these funds from the employee’s check.  In these circumstances, it’s your word against the employee’s word on how much is missing, appropriate evidence, etc. 

To properly pursue this issue, you must take your case out of the employment environment and into small claims court.  In this setting, both parties can present their cases to a 3rd party who will impartially decide the case. 

The final check must be paid based on the hours work and provided to the employee by the timeline required by your state.

If you have questions on this or other employment-related issues, please call us!

“This article should not be construed as legal advice.”