Withholding final paycheck of manager
kwelzel
27 Posts
We have a manager in a restaurant who has been changing the tickets after they have been closed out. He admitted doing some of them...to reimburse another manager who's tip money was stolen. He claims that his "card" is used by other employees to close out at the end of the shift, and he has no real control of it's usage.
When confronted with the situation, he voluntarily resigned his position. He was not given his final paycheck, as the total shortages is greater than his check total. He was not given anything to sign indicating his agreeing to surrender his check. In fact, he has now called asking when he will get his check. I've been told not to release it.
We are a D.C. employer. I know when we fire someone, we must give final checks within 24 hours, but does that apply if the employee has stolen money? How does an employer recover stolen money other than through civil court?
When confronted with the situation, he voluntarily resigned his position. He was not given his final paycheck, as the total shortages is greater than his check total. He was not given anything to sign indicating his agreeing to surrender his check. In fact, he has now called asking when he will get his check. I've been told not to release it.
We are a D.C. employer. I know when we fire someone, we must give final checks within 24 hours, but does that apply if the employee has stolen money? How does an employer recover stolen money other than through civil court?
Comments
Good Luck!
I would have the check cut, call him and tell him that you had it and ask him what type of arrangements he plans to make for restitution - i.e., would he like to bring you a check for the amount. If he doesn't give you an answer, I would tell him that you will have no choice but to pursue legal action against him for the amount misappropriated.
It may work or it may not, but regardless, you won't be able to hold his check.
Oh well, we can only advise them...they make the final decisions! (I keep telling myself that!
First, although you must issue the final check within 24 hours when you discharge someone, you have some more time when someone quits, which this fellow apparently did. In the case of a resigantion, wages are due by the next regular payday or within seven days of the resignation, whichever is earlier.
Second, I am not sure from the description whether by changing the tickets, the employee changed the amount of tips or other compensation due to him. If there is a legitimate dispute as to the wages due, you need only pay by the deadline the conceded amount, provided you give a written notice to the employee about what you concede is due and what is in dispute.
Otherwise, you do have to issue the final paycheck within the time frame noted above. Some leverage you might have (other than civil court) would be to indicate that if you are not reimbursed you will purse criminal charges and/or indicate in a straightforward non-threatening way that if you are contacted for a reference, you will respond truthfully. (If this is contrary to any established reference policy that you have, be careful here; you may want to check with employment counsel).
I am the Editor of the Washington D.C. Employment Law Letter. Feel free to contact me if you would like to discuss this.
Elliot H. Shaller
Krukowski & Costello, P.C.
1875 Connecticut Avenue, N.W., Suite 524
Washington, D.C. 20009
tel: 202-898-1031
fax: 202-898-1311
e-mail: [email]ehs@kclegaldc.com[/email]
There is evidence that he has done this on many other ocassions, however, he states that he did not have control of his card. This card identifies him by a code number whenever it is used and it APPEARS that he is the person who was changing the tickets. At this point, we cannot prove that he actually did change the other tickets, there seems to be some validity to the fact that others use his card. However, he has admitted to changing two tickets, and has resigned.