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Is it possible to get fired due to accusations of stealing?

Hicksville, NY |

I'm just wondering because I was fired from my job by the owner because I was accused of stealing and their "evidence" are all circumstantial and also the owner told me that I have to pay her back $1000(which honestly I don't know where did that amount came up and the owner did not give me a reason as for why) AND also she told me that she would not pay me for my 2 last paycheck and that would hold on the check. I'm just wondering if that's even legal to hold someone's paycheck?

Attorney Answers 4

Posted

Because your boss did not go to the police, I doubt she has any reason to think you stole such a large amount. You can apply for unemployment benefits, and also file a complaint with NYS Dept of Labor, wages and hours, for your last paycheck. They are located in Garden City.

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Posted

Unless you had a contract, you were an at-will employee and therefore could be fired for any reason or no reason so long as it was not an unconstitutional reason such as based on race, gender, religion, etc. If the employer thinks you stole that is a valid reason to fire you but you can pursue the salary they are withholding.

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Posted

1. Go to the department of wage enforcement at the NYS dept. of labor for help getting your paychecks.
2. Yes, unless you are in a union or are a civil servant you may certainly be terminated based upon circumstantial evidence that you have committed theft.
3. Your employer may take you to small claims for the $1,000.00, but I doubt it.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

If you do not have an employment contract, then you are likely an employee at will and can be fired in this situation, even if it is untrue and unfair. With respect to your pay, your employer is not entitled to withhold your pay for work that you performed. You may want to contact the Department of Labor regarding that issue.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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