Wrongful accusation, termination lead to withholding last check in AZ

[hockeylord]

I was a bar manager for a small hotel for 8 months. I was wrongfully dismissed when I was accused of stealing money from the register. When 72 hours had passed (I believe AZ law states, "when an employee is terminated they are to receive all wages owed within 72 hours.") I left a message for the accountant inquiring when I would be receiving my last check. The next day a message was left for me by the owner saying, "authorities have been contacted, an investigation is underway and they are under no obligation to give me my final check until said investigation has concluded." Tomorrow will be 4 weeks to the day of my ceasing to work there.

So my obvious questions are:

(a)Is this withholding truly a legal process?

(b)If it is legal, how long must I wait 'til this alleged investigation has run
its course? Aside from the owner's message I have heard nothing
since from my previous employer or any "authorities."

Any advice or answers on this topic would be most appreciated.

Thank you

[Pattymd]

No, that is not legal. There is no provision in the law for that, or any other, exception.
http://www.ica.state.az.us/Labor/lalawfaq.htm#Q5

BTW, that was not, legally a wrongful termination. May not have been fair (often, employers merely suspend employee's during such investigations) but it doesn't rise to the level of a "wrongful termination" under the law.

[hockeylord]

Thank you for your timely response, I appreciate the help. I thought it probably wasn't a wrongful termination, but figured no harm in asking a pro. It was morally incorrect, but legally fine. My query was more directed at the last check issue than at my being dishonestly discharged.

Just one more follow-up if I may...what would your advice (or if there is a proper legal channel) be regarding how I approach this with my former employer? Obviously due to the fact that I was maliciously lied to about the status of my check I anticipate some animosity when I bring that fact to their attention. Any thoughts in this matter would also be greatly appreciated.

Sincerely,

hl

[Pattymd]

"Are you aware that state law required you to give me my final paycheck on my last day worked? Here's a copy of a reference stating that requirement. I'd hate to have to file a complaint with the state Dept. of Labor, but if the check is not ready by the end of the day, I will have to do that."

How about that?

[hockeylord]

Thank you again for the advice, just one more question so I can be sure I'm throughly prepared for any counter-argument they may have. After reading the Q&A site you gave me a link to I just wonder if this portion "An employer may only withhold an employee’s wages when the employer has a good faith dispute as to the amount of wages due, including the amount of any counterclaim, reimbursement, recoupment or set-off asserted by the employer." Their "alleged investigation" wouldn't or doesn't fall under those parameters, that is what you're telling me, correct? If so, looking at it from their warped perspective, what would their recourse be if indeed this was a proper allegation? They positively have no right to withhold my check under these circumstances is what I'm looking to be able to say definitively. It seems to be a bit of a gray area there or perhaps I'm just not reading it properly. Please pardon my meticulousness (did I just invent that word?), but I know they're gonna be difficult about this and I just wanna make sure the law is indeed on my side.

Thank you again for your help and tolerance,

hl

[Pattymd]

Personally, I wouldn't buy that. It's not his wages that are in dispute. I would go ahead and file immediately. There's no way we can know what the state will say if the employer uses that as a defense, but you have nothing to lose by filing.