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Q&A: Can we withhold an employee’s paycheck until he returns company property?

We have an employee who offered to store some supplies at his home but now he is not returning our calls or in communication with us.   Can we withhold his paycheck until he returns the items to us?

No. Withholding or delaying an employee’s paycheck would violate wage and hour laws. You could attempt to retrieve the items yourself by going to the employee’s home and asking for them in person. If that fails, you might consider asking your attorney to write a demand letter or taking the employee to small claims court. In any case, I recommend documenting the situation, all attempts you made to contact the employee, and the end result.

Answer from Emily, PHR
Emily’s robust experience overseeing HR in the non-profit, healthcare, and hospitality industries brings valuable knowledge to clients. She graduated college with degrees in Music and Entrepreneurial Business, and her passion for helping and working alongside people led her to the field of HR. In her free time, Emily enjoys traveling and home brewing.

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