Is it legal for my employer to hold my check?

I work for a spa by appointment only, there are 6 employees. we all work by appointment only. over the weekend one of the technicians came into the spa and stole around $300 from the register. We are all being penalized for this due to the fact that my employer refuses to write any checks until someone confesses. Isn't there something we can do?
Additional Details
notice the answer from the small business owner...i have not signed a contract stating that tuesday is payday. it is more of a verbal agreement. i spoke with y boss earlier and told her i really needed my check and she said she was not sure when she would pay us? im so mad and confused. none of us really know what to do because we all like her personally. we just disagreewith how this is being handled and we think we know who did it but we all have keys to the spa and none of us want to point fingures at the other but now we are all screwed. i just wish there was a way to find out who did this bs!!!!

John

It's against the law for your employer to hold your paycheck.
Report him to the department of labor in your state.

hattiefrederick

As far as i know your employer has no legal right to withhold payment. That is assuming you signed a contract that states you will be paid on a certain schedule. If you are working as an independent contractor they can wait to pay for up to 30 days after they are invoiced.

thirsty mind

Yes, contact the employment security commission. Pay most be given. Alleged embezzlement are to investigated independently.

hr4me

If you are in the U.S. you can file a complaint with your local office of wage and labor for non-payment of wages. An employer can not with hold your check for wages because of the other situation. If they want to pursue the issue the employer can file a police report and have the employees questioned and follow a legal route that way.

Penelope

No....if there is an issue with a stolen cash amount, your employer still has to BY LAW pay all!!! And also investigate the crime. She has to cut her loses and start surveying the shop with camera's and such. Then when the thief is caught, press charges and take him/her to court for the remaining $300. Does your boss know when the money was taken? The can check to see who was on during that time and penalize both of them until one confesses...but she can not with hold checks unless you were fired and have uniforms or equipment to return. Call a lawyer if you feel the need...but definitely throw a fit about your paycheck...I'm sure you can get another job if you need to (if it came to that which I doubt...) Maybe you can find out who was on during the time it was stolen and get the other girls to sort of guilt trip the "assumed" into confessing....Good luck!

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The above person is right but if later on, in the future, he hasn't given the check and you are not involve in the robbery, you can possibly sue him for your check!

Amanda

NOOOO they cannot do that. write a police report.

emorexicbunnymaker

no... it goes against minimum wage... in a wierd way... but if the police are holding your money it's compleatly legal for some reason

Angelic

Not really. Technically you are all under suspicion.

Jenna

I have been working since October with a business. its working from home. during Christmas i had a lot of overtime..& Jan 11' my boss informed me he was having trouble meeting the wages he owed me..then asked me to run the business while he was on holiday in FLORIDA and if i made bookings during that time i would get paid...thing is im new to the business and i had lots of leads but not any booking's. He employed me as a database entry clerk not sales & booking.. on his return he told me i was not getting paid until he had the money and to continue working until he does...i obviously had to let the job go, i am a single mother and it was causing a lot of hardship working the two months without pay as it was. i signed no contract during this time i was employed, i got the job through the Job center and have all the proof of working the hours i have...my question is ...i have filled out a employment tribunal form, i am now worried because i never had a contract, can this stop any claim i put in for the whole situation i have been in?

rahul

Dear all i want to know that my employer has withheld my salary from since june-2010,in june they have transferrd me by malafide intention under unfair labour practice i have filed a case in labour court under industrial dispute. kindly suggest me can employer hold my salary while the proceedings is in labour court and i m on the payroll and employee of the company.plz reply on my mail i.d. Rahul india

mj26

I've just gone on sick due 2 stress at work am due 2 b paid nxt wk cn my boss stop me from recieveing my wages coz I've gone on sick??

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