Our former employee abandoned his job 3 months ago. We attempted to contact him via phone and mail several times. We estimated that he worked 26 hours his last week and mailed a paycheck to his last known address. The check has not been cashed. He is now claiming (through voice mails) that he never received the other check, and his actual hours worked were 35.5. He also still has in his posession some of our company's tools and equipment. He claims that he does not have a phone, so we cannot contact him. What should we do?
2006-09-15 04:54:22 · 7 answers · asked by luckylab8 3 in Business & Finance ➔ Careers & Employment
I know that we can't legally hold his paycheck till he returns the tools, so I assume that we can't deduct the cost of the tools from his check either. I also know that if it were a restaurant and a waiter broke some dishes, you can't deduct that from his paycheck. Besides, the cost of the tools is WAY more than his check, even at 35.5 hours. He finally spoke with us, so we're meeting up and we'll probably pay him the 35.5 hours (don't really have a choice) and go after the tools separately.
2006-09-17 08:13:32 · update #1
Your employee, taking the company tools and his pay check are 2 separate issues in the eyes of the law! Don't mix them to try to get a solution.
1) IF you have proof that he has taken it whilst under the employment, and he didn't return them (written or more than 1 witness) then you have a case.
2) His paycheck. You did attempt to pay, but wasn't successful, so its not entirely the company's fault.
I would suggest that your company try to get him to comes in, and try to resolve both issue at the same time, and make sure you have both written as well as witness to him getting his paycheck, or cash. If he fails to return the tools, then you can settle the amount lost, amicably and him agreeing to the amount.
If you think it is too much, then get a lawyer, may be the cost of the lawyer is more than his paycheck.
2006-09-15 05:07:54 · answer #1 · answered by rick 3 · 1⤊ 0⤋
First, I'd stop payment on the "missing" check.
Then if you haven't already, make an itemized list, with costs, of the company property he has in his possession.
Did he provide any documentation on the hours worked that last pay period? I assume you have some sort of timesheet people fill in.
OK, he says he doesn't have a phone - you can apparently contact him by mail, since he's asking for a paycheck. I'd send a registered letter (so he has to sign for it) with a bill for the company-owned items that he still has, and a letter informing him that this amount will be deducted from his final paycheck unless the items are returned to you in good condition by (give him a date about a week or ten days out). Also tell him in the letter that you have stopped payment on the paycheck sent earlier that he apparently never received; and that he needs to provide documentation of his work hours that are yet unpaid. If you have a timesheet, send him a blank copy. I assume you have some knowledge of what hours he probably actually worked that week, and what he would have been doing. You might require that he list jobsites, tasks, something that will help you reconcile his numbers with yours.
If you don't have an address for him, how is he asking you to get his paycheck to him?
Face it, the guy's a sleaze.
2006-09-15 05:10:11 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Calculate the value of the tools he took, deduct that from the hours he worked, and after confirming from the bank that the cheque you sent was indeed never cashed, then send him another one, and this time keep a record of it. If you had a record showing that the cheque was sent as well as a copy of it, there wouldn't be any argument. The bank can easily confirm if the cheque was cashed and if so, then tell him to take a hike. With proper record keeping and proof, the law is on your side.
2006-09-15 05:04:18 · answer #3 · answered by stj 4 · 0⤊ 0⤋
I'd make a call to your State Department of Labor and ask for advice. They are not just all about helping employees, they help employers too. You should be able to get a good deal of legal advice from them. Furthermore, if this guy tries to collect unemployment benefits you could put a stop to this because he stole company property.
Ask the Department of Labor if you should cancel the check.
Make a list of all the property he stole.
Have his time records handy.
Find a good attorney.
2006-09-15 05:28:44 · answer #4 · answered by Think.for.your.self 7 · 1⤊ 0⤋
You should never estimate that a worker worked for 26 hours. You need to have prove that he did and if you do not I suggest that you accept the 35.5 hours he is claiming. If you have proof that he is in possesion of company tools, subtract the cost (remember to attach the receipts) then pay him the different or not whatever the case will be.
It is obvious that you need to recheck the way you run your office
2006-09-15 05:06:35 · answer #5 · answered by ngina 5 · 0⤊ 2⤋
You should send him a BILL for the tools he took with him! You don't owe him anything, and if he puts up a fight then get a lawyer. Good luck!
2006-09-15 04:59:58 · answer #6 · answered by j_conway83 3 · 0⤊ 0⤋
Contact an attorney and if he does not respond try suing.
2006-09-15 04:57:49 · answer #7 · answered by Johnnie Jack 1 · 0⤊ 0⤋