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I recently quit my job. My employer is threatening to withhold my last paycheck over property they say I have but do not.

Can my employer do this? I have spoken to the HR office and I was told unless I return the items, the cost will be deducted from my check.

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Attorney answers (1)

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What happened to the property? Did you ever have it? If you were obligated to return the items and didn't, the company is permitted to offset the cost against your final paycheck. Their position would be stronger if they have a signed agreement requiring you to return the items, but a written agreement is not necessary. If you want to challenge this, your best recourse would be to sue the company in small claims court.

This response is for informational purposes only and does not create an attorney-client relationship.
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Kenneth Lewis Swenson
Kenneth Lewis Swenson, licensed in California

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