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

Asked about 1 year ago - 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)

  1. Vincent Peter White

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  2. Arthur H. Forman

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.

  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  4. Thomas A. Ricotta

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more

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