Can we withhold cost of company equipment from employee's final paycheck, if he doesn't return the items?

Asked over 2 years ago - Exton, PA

Employee has $350 worth of company tools, and has not responded to 3 messages I've left him. How do we get the tools, or the cost of them, back?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Is there a written emplloyment contract that says that the company can use this "self-help" method to recover the cost of its property from its employees? If not, then the company can't, and will have to comply with state labor codes regarding paychecks and regarding recovery via suit for "conversion" (civil theft) of the company's tools.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  2. Gratia P. Schoemakers

    Contributor Level 10

    Answered . I agree with Ms. Koslyn.The employment contract should tell you if you can do this (because the employee agreed to that). If you do not have it in your current employment contract, it might be advisable to change it so it would cover situations like this in the future with future employees. In the mean time, if the employment contract doesn't help you, go to court.

    IMPORTANT: We cannot answer any questions without discussion, analysis or clarification. To do so would not only... more

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