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|Subject: Re: Final paycheck for thieving subcontractor?||Date: 9/29/2012 3:07 PM|
|Author: MichaelRead||Number: 14665 of 15005|
Does anyone know if we are legally obligated to give him his final paycheck? I tried googling this and it mostly said that if he was an employee, we legally have to pay him, but then it also said we could not pay him, and he would have to sue us to get his final check. He is a subcontractor, and apparently the law for employees is different. I am pretty mad about this, and he probably took maybe $2000 worth of stuff that we didn't know about, although we have no proof of this. I see absolutely no reason to pay him his last paycheck. Any thoughts or advice? Thanks.
Subcontractor or someone who walked off the street theft is theft.
While your have proof of theft (i.e., photographs and testimony of others involved in apprehending him) you have not made a formal accusation of theft yet that is still an option.
While, as subcontractor he has worked to-be-paid-for hours, I would argue these hours were spend in arranging proven theft and, while it can’t be proven he was responsible for other missing merchandise, you can prove he was responsible for this theft.
Possibly your partner, in saying give a final check, just wants this to end and only cost $200 rather than expensive court fees. In that light I’d pay him off BUT I would, at the same time, say it is your option to open a case for theft using the evidence you have on hand.
What I would do is have all the evidence you have (pictures and testimonies from others involved) notarized and deposited with your company’s lawyer.
If you do follow the legal route I would suggest a restraining order not to be on your company’s premises. But I would hold that back to be used if he tries to ask for more than the $200 owed.
Your position now is accepting the $200 as final or the affair becomes public record.
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