Aspen judge to rule on whether former employee's taking of money was back wages or theft

ASPEN, Colo. - An Aspen judge is being asked to decide whether a man accused of stealing cash from his former employer was collecting back wages or stealing from the company.

Joseph Kern is accused of stealing more than $2,000 from CP Burger. He maintains in a lawsuit he took the money from the burger joint's safe in October because he was owed wages from his stint as the director of operations of five Aspen restaurants owned by the company.

Kern is facing charges of burglary and theft.

According to the Aspen Daily News, the judge is reviewing labor laws and is expected to rule on a lawsuit filed by the former employee by Feb. 21.