A man was given a two way radio to use for work use only and if he quit or was fired, he was to return his radio back to his employer........So can you hold a persons check for this?
2007-06-08 07:17:34 · 14 answers · asked by c_nino_3 1 in Politics & Government ➔ Law & Ethics
You sure can. This man still has company property and if he was smart would turn it in and get his check.
2007-06-08 12:02:19 · answer #1 · answered by blondie84girl 2 · 0⤊ 0⤋
It depends on which state you're in. For instance, I live in Texas and there's a Payday law, which states that after termination, an employee MUST receive their full paycheck either within 6 days, or on the next normally scheduled pay day, whichever comes first. No matter what. If the employer violates this, they are in direct violation of the law and subject to penalties, both civil and criminal.
Look up your state's Department of Employment or Workforce commission website and check to see if there is a similar law. Bosses will often try and intimidate you, but in many cases, they can't legally hold your check.
Good luck.
2007-06-08 14:25:31 · answer #2 · answered by Vix 4 · 0⤊ 0⤋
Yes, they can, with certain conditions.
They cannot simply refuse to send your money or refuse to send you a paycheck at all.
But they can send you a check, minus the money they need to replace the missing item, if they first send you a notice stating they are doing this.
Schools can hold back diplomas if books aren't returned or parking tickets are unpaid; fitness clubs can hold back your ID or prepaid fees to use the club if you don't return your locker room keys, apartment managers can hold your security deposit check for up to 30 days if you don't return apartment keys to them, etc.
Usually they make you sign something when they give you the equipment or pass out the keys that states this policy, but it could just be in the employee manual.
If you don't return the equipment within a specified period of days (3 or 10, or whatever was agreed to) then they can legally dock your pay to pay to replace the missing item and give you the remainder of any money you earned working for them.
I've done it. I deducted the cost of the walkie talkies and keys that were not returned, from the final paycheck. Of course, I sent a certified letter ahead of time, stating I had done this.
The letter, as required in my state, also said they would receive ALL their money back if they eventually or later returned the equipment after they had already received the final check.
Whether someone else, if sued or threatened, would also do the same, and follow through on it, I do not know.
2007-06-08 14:23:11 · answer #3 · answered by bookratt 3 · 3⤊ 1⤋
In most states yes, and if you look, you will see that at some point, that person signed a piece of paper with that information on it. Some companies, with like keys and such, put a price of say, $75.00 to be held out of your final check until the keys or what ever is returned.
Hey, radios are expensive so, best thing to do is turn it in and get the check.
2007-06-08 14:25:31 · answer #4 · answered by bigmikejones 5 · 2⤊ 1⤋
If it happened to me in my business, you bet I'd hold the check until it was returned. It's done all the time. It was even done to me when I worked for a company that had uniforms. I didn't get my last check until I returned the uniforms cleaned and pressed.
2007-06-08 15:57:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depending on what State.. Where I am No they can threaten to hold it but in the end they can not legally keep the check I know that to be true in WA and NV ... As a employer I do know this is a fact..
2007-06-08 14:21:03 · answer #6 · answered by SJ H 3 · 4⤊ 0⤋
Absolutely not. It is a clear violation of labor laws to withhold pay until equipment or property belonging to the company is returned. If you have demanded the return of such items and done so in writing you have recourse through a civil court to recoup their value - provided you have adequate documentation to demonstrate to the court that the items are in fact company property and the former employee is in fact still in possession of them. It is best to utilize equipment usage or issue agreements to establish the latter. You may not withhold a paycheck - the penalties will cost you a lot more than your radio.
2007-06-08 14:23:18 · answer #7 · answered by The Real America 4 · 1⤊ 2⤋
Shame on you! Give the company back there equipment and tell your boss your sorry!
I hope it one of the states where they can hold your check or take the cost of their equipment from your pay.
Do what you'd want your employee to do to you.
Be a good boy now,
Love is the final answer! Pandora
2007-06-08 14:26:43 · answer #8 · answered by Pandora R 5 · 1⤊ 1⤋
yes they can its their property and until they get it back the persons check can not be given to the person.
2007-06-08 14:25:21 · answer #9 · answered by lizzie s 3 · 3⤊ 0⤋
If he was told that, probably. Check with Labor relations board in your county.
2007-06-08 14:20:28 · answer #10 · answered by wizjp 7 · 2⤊ 1⤋