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Author: footsox Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 14977  
Subject: Final paycheck for thieving subcontractor? Date: 9/29/2012 1:13 PM
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I am fuming over this and hope you guys might be able to offer advice. We run a small business and we were tipped off that one of our warehouse guys was stealing from us. We watched carefully and actually saw him take some items and put them in his car, we took photos of him doing this, and we immediately confronted him and we made him go to his car and give the items back. About $300 worth of stuff. We immediately fired him. He is a subcontractor, not an employee, so we technically didn't "fire him", we basically told him to leave and not come back. So, my partner deals with the warehouse guys and my partner thinks we are obligated to pay him his final paycheck. This paycheck will be perhaps $200 - I haven't seen his paysheet with his hours on it yet, but that's about the range. (He doesn't work too many hours.)

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.

Footsox
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