No he can not See the source list I listed for your state. This is no less than thievery unless there is an express agreement upon hire where "your buddy" agrees knowingly to be liable for all damages and even then the value loss of the damaged item must be clearly stipulated and agreed upon prior to effecting a full meeting of the minds.
If it was possible for an employer to hold a last check for damages or loss then it would be possible for any employer to claim losses based on any facet of an employees work day.
This would open the box for a claim that answering the phone in a gruff tone lost a sale, therefore the employer must be compensated.
At any rate this withholding of the last check unless a prior agreement stands is no less than failure to pay by an employer they must go to the court system. They are not intended to have privities over their employees. When I say agreed I mean a full meeting of the minds where there is no convolution of terms.
2007-01-11 06:41:52
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answer #1
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answered by tetsalagi 1
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Yes
2007-01-18 15:58:46
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answer #2
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answered by Dana Katherine 4
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Ah, unfortunately yes. Because it was company property. And when he first started he may have signed a form stating that he accepts responsibility of the tools that he was given to perform his job. Sort of life having to pay for a new headset if I loose it ( I am CSR rep )..Hope this helps.
2007-01-17 03:00:04
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answer #3
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answered by cpaige517 2
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if he refuses to pay for the damages, he potentially could be charged with a crime for destroying property.
by law they can't deduct the money from his check, but they can withold his check until an agreement as been reached.
probably, they won't take any action, for a monitor.
we hold terminated employees checks until we get company owned items back, so i'm pretty sure its legal. if it isn't, it works every time. i think our lawyers would advise us if the practice were unlawful
2007-01-11 05:36:17
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answer #4
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answered by Lane 4
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Did he INTENTIONALLY break it? Did he yell, "F*** this place!" and smash it on the floor? If so, they will probably contact him and ask him to work out a resolution to pay for the destruction of company property.
He should also check his Employee Handbook for any mention of the destruction or misuse of company property.
But honestly, if it's not a brand new flat panel or something, I doubt they bother.
2007-01-11 05:34:45
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answer #5
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answered by Karen M 3
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No.
Employers are not allowed to withhold pay for anything except taxes, garnishments (court ordered), and any amount that the employee and employer have agreed upon.
If they want payment for the monitor, they'll have to take him to court.
(If your buddy wants to do the right thing, he should offer to pay for it if it was done maliciously.)
2007-01-11 05:36:04
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answer #6
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answered by Anonymous
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If intentional, yes. He is lucky they dont press charges too...
2007-01-11 05:35:26
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answer #7
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answered by YDoncha_Blowme 6
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Yes they can.
2007-01-11 05:35:59
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answer #8
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answered by robert m 7
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If he did it on purpose yes.
2007-01-11 05:36:25
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answer #9
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answered by Kdude 4
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yup sure,
2007-01-11 05:34:41
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answer #10
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answered by jewishguy 3
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