Can we withhold an employee’s paycheck until he returns company property?

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Question

Can we withhold an employee’s paycheck until he returns company property? He had volunteered to store some extra supplies at his home, but is now not returning our calls.

Answer

No. Withholding or delaying an employee’s paycheck would violate wage and hour laws. You could attempt to retrieve the items yourself by going to the employee’s home and asking for them in person. If that fails, you might consider asking your attorney to write a demand letter or taking the employee to small claims court. In any case, I recommend documenting the situation, all attempts you made to contact the employee, and the end result.


Answer by Emily Schlaudecker

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