If my previous employor had me signed a statement saying that I would return my work suit OR the cost would be taken out of my last paycheck, and then when they forgot to take it out of my paycheck are now threatening theft of property. Can they do that?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my previous employor had me signed a statement saying that I would return my work suit OR the cost would be taken out of my last paycheck, and then when they forgot to take it out of my paycheck are now threatening theft of property. Can they do that?

I no longer have the suit

Asked on August 3, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, this would not be theft: even if you failed to return it, the agreement you describe basically says you can keep it, but you'll have to pay for it (i.e. it would be taken out of you paycheck). It is very unlikely the police would view this as theft, since the agreement spells out what they can do if you don't return the suit: take the money/cost out of your check. Arguably, since the law generally holds that an error does not entitle you to keep money to which you are not otherwise entitled, they could still pursue you for the cost (e.g. sue you), since their error in not processing the deduction from your final check should not prevent  them from seeking the money now, but they should not be able to successfully press charges.


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 with SHA-256 Encryption