Can your employer keep your tips/pay checks if accused of stealing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can your employer keep your tips/pay checks if accused of stealing?

Employer kept cash tips upon termination.

Asked on May 1, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, an employer may not keep any part of your pay, including tips, without your consent or agreement, even if it believes you stole from it--its rights, if it thinks you stole, are to sue you for the money and/or contact the police and look to file charges for theft. You could contact the department of labor to file a wage complaint for the unpaid tips, or to file your own small claims case for the money. Of course, if you do so, that may encourage the employer to take further action, like contacting the police, so you need to think about whether doing this is in your interest.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption