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pattyb123 · Feb 12, 2009, 10:35 PM

The operations manager who fired me this week has just threatened to not give me my final paycheck until I return a training binder and my name badge to them. Is that legal for them to do? What if I didn't feel like driving the 60 miles to take these items back to them? Can they really by law not ever pay me for the last week I worked? I was happy to return them but I don't appreciate being threatened to not be paid.

Wondergirl · Feb 12, 2009, 11:35 PM

Those two items are company property. If you don't return them, your paycheck will serve as at least some payment for them. I'm betting the company can sue you too.

Jake2008 · Feb 13, 2009, 03:53 AM

It may very well be determined by which state you are in.

Check this out:

Legal Implications of Wage Withholding - Entrepreneur.com

There are more links here, that might be helpful.

withholding paycheck for return of company property legal - Google Search

ebaines · Feb 13, 2009, 06:52 AM

Hello Patyb -sory to hear about your employment situation. I'm sure you're feeling like your former employer is being a bit obnoxious about this, and perhaps they are. But my advise is this is not the time to burn bridges - this is not a battle worth winning. I suggest that you talk to your former supervisor and work out a way to return the items without having to drive 60 miles - perhaps you can mail the items back, or maybe meet someplace half way.

twinkiedooter · Feb 13, 2009, 11:59 AM

Lots of employers want their property back before the last paycheck is released. It's an incentive on the part of the employee to return the items. You should have returned these items the day you were fired. What's so awful about driving 60 miles? You did this task how many weeks, months, years? So what's the big deal now? If is is a money issue in that you have none for gasoline, then go to the post office and mail the items back.

elvendur · Apr 8, 2009, 11:24 AM

Originally Posted by Wondergirl

Those two items are company property. If you don't return them, your paycheck will serve as at least some payment for them. I'm betting the company can sue you too.

Sorry Wondergirl, but it is utterly illegal for his last job to withhold his paycheck. If they want to have their property back and he refuses return it, they have to take him to court for the property.

Once again they may NOT for any reason withhold his paycheck for property, they must take him to court

ZoeMarie · Apr 8, 2009, 11:26 AM

If you don't feel like driving 60 miles why don't you mail it to them. Send it so that someone has to sign for it.

this8384 · Apr 8, 2009, 01:01 PM

Originally Posted by pattyb123

What if I didn't feel like driving the 60 miles to take these items back to them?

That statement can swing both ways. What if they "didn't feel" like paying you? That's not how it works.

Fr_Chuck · Apr 8, 2009, 01:28 PM

Companies do every day withhold pay for lost, stolen or other company property, a loss of a company key could cost you 100's of dollars in re=key.

So if he says he will hold it, he will hold it most likely, and he will deduct the amount of the non returned items.

I have done this myself dozens of times to employees.

In some places it may not be legal, but to be honest the company will say, so what, at best you sue them for your check, and win but they bet you won't
Also be careful of what you may have signed, many places as part of the hiring process have you sign dozens of papers, many include the right to withhold from your check lost items.

When I left the State of Georgia, I had lost the government issue rain coat, they held out 60 bucks from my last check, this is the state doing it.

JudyKayTee · Apr 8, 2009, 03:17 PM

Originally Posted by elvendur

sorry Wondergirl, but it is utterly illegal for his last job to withhold his paycheck. if they want to have their property back and he refuses return it, they have to take him to court for the property.

once again they may NOT for any reason withhold his paycheck for property, they must take him to court

Without more information such as contracts and employment agreements you cannot be certain you are 100% correct.

I have also seen employment applications, usually for gas stations and similar operations, which state specifically that the employee agrees to return the keys before receiving a final paycheck.

My guess is that the company will withhold the paycheck and put the OP in the position of either reuturning the company's property OR suing for the paycheck. By the time Wage and Hour (if you are correct) gets into this it will be two years from now. Makes no sense.

Would you please post your source concerning the illegality of withholding from salary until property is returned in the various States?

JudyKayTee · Apr 9, 2009, 04:54 PM

Update: Employee in Rochester, NY was arrested yesterday for unlawful conversion and theft of property. From what I read he was terminated, refused to return company property, company had him arrested. I have no idea what was done about the final paycheck.

nikosmom · Apr 9, 2009, 05:24 PM

Chuck made a good point about the packet of paperwork when you are hired for the job. I know that when I worked security while in college and when I left the job, receiving my last paycheck was conditional upon me returning the uniform (dry-cleaned) and badges, etc. I specifically recall signing a form agreeing to this.

At this point, why not just suck it up and return the company property? Mail it, drive the 60 miles... just get it over with so you can get your paycheck.

Choose your battles.