Pay check withholding

UPDATED: Sep 30, 2022

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Pay check withholding

I worked for a cleaning company cleaning offices at night. Now one of their clients, an optical shop, says that they have a video of me stealing 2 pair of glasses. I did take the glasses which I know I should not have done and I tried them on but then left them. I never walked out the building with the glasses. My ex-employer says that they are withholding my paycheck and that I need to still pay an additional $141. Can they keep my check?

Asked on January 23, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they can't withhold your paycheck without your consent or agreement: the law never allows employers to withhold paychecks without consent, except and only if ordered by a court (like court ordered wage garnishment) or otherwise required by law. This is true even if the employee owes the employer money--they employer still can't withhold pay. 
What they can do: terminate you (which they apparently did, since you call them your "ex-employer"); sue you for any amounts you owe them; and if you committed a crime, report you to the police and file 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 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.

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