Taking employer to small claims?

[Sparky E]

What is the name of your state? SC

My husband was fired from his job, and on the last pay check they took out money for a part that they said he took (of course he didn't do such a thing). We were told to contact the labor board, and they told us we would have to take them to small claims court. The company in question is based in Georgia, and we are in SC. Would we just file in SC, and what is the proccess? Isn't this considered a criminal offense (I'm looking at it like they stole money from us). Should we get a lawyer?

Thanks for any help in advance.

 

[ForFun]

What is the name of your state? SC

My husband was fired from his job, and on the last pay check they took out money for a part that they said he took (of course he didn't do such a thing). We were told to contact the labor board, and they told us we would have to take them to small claims court. The company in question is based in Georgia, and we are in SC. Would we just file in SC, and what is the proccess? Isn't this considered a criminal offense (I'm looking at it like they stole money from us). Should we get a lawyer?

Thanks for any help in advance.

Generally speaking, theft does not occur if there is no intent to steal. In this case, the employer did not intend to steal -- instead, the employer intended to be reimbursed.

Take the employer to small claims. You will need to prove that your husband (1) worked X amount of time, and (2) was only paid for Y amount of time.

It will be up to the employer to prove that your husband has its property and that it rightfully withheld the money.