Solved

Computer Equipment -- Employee Leaves ?

Posted on 2014-11-10
5
62 Views
Last Modified: 2014-11-21
Does anyone have a policy stating that you can LEGALLY hold
the last paycheck until an ex-employee returns all equipment ?

If so, please post an example since
we would like to do the same thing.
0
Comment
Question by:finance_teacher
5 Comments
 
LVL 35

Accepted Solution

by:
Kimputer earned 100 total points
ID: 40432692
You can make a policy as you want, but depending on where you are, it might not hold up legally. Just because you make a policy, and even have an employee sign it, it's still not legally bounding if the policy set is not within your local/regional/federal law's parameters.
Common sense would say you have the invoices of the equipment, and you can demand them returned, and if not, withhold the amount the equipment is worth. This can be done without a policy.
0
 
LVL 87

Assisted Solution

by:rindi
rindi earned 100 total points
ID: 40432782
As mentioned above, this depends largely on where you live. Personally I think the best option, rather than not paying, is to have the law enforcement authorities take care of getting the ex employee to return your property, if he doesn't do so by himself.
0
 
LVL 90

Assisted Solution

by:John Hurst
John Hurst earned 100 total points
ID: 40432830
I agree with the above that the jurisdiction you are in takes precedence.

What you can do (and may have done) is disable all access and change all passwords. That prevents them from doing much.
0
 
LVL 47

Assisted Solution

by:dbrunton
dbrunton earned 100 total points
ID: 40433876
Example one here  https://controller.osu.edu/forms/AM0004OffCampus.pdf

As the others have stated your state/county/locality may have laws covering this matter so you'll need to check those out before implementing.  Also use legal counsel to create document and check it.

Generally when an employee starts work is the time that this agreement should be put into place.
0
 
LVL 23

Assisted Solution

by:DanCh99
DanCh99 earned 100 total points
ID: 40438957
Looks good to me:
http://agreements.realdealdocs.com/executive-employment-contract-clauses/5-confidentiality-and-return-of-company-property-29036799/#

However, IANAL (best acronym ever...), so perhaps you should find one!
0

Featured Post

Maximize Your Threat Intelligence Reporting

Reporting is one of the most important and least talked about aspects of a world-class threat intelligence program. Here’s how to do it right.

Join & Write a Comment

Suggested Solutions

Title # Comments Views Activity
calendar source - options.. 10 38
Car Question: Honda CRV 2005 Knock Sensor 4 36
Using autoplay with Windows 7 27 46
Phone Dialer 5 36
Great sound, comfort and fit, excellent build quality, versatility, compatibility. These are just some of the many reasons for choosing a headset from Sennheiser.
In the modern office, employees tend to move around the workplace a lot more freely. Conferences, collaborative groups, flexible seating and working from home require a new level of mobility. Technology has not only changed the behavior and the expe…
The Bounty Board allows you to request an article or video on any technical topic, or fulfill a bounty request to earn points. Watch this video to learn how to use the Bounty Board to get the content you want, earn points, and browse submitted bount…
Articles on a wide range of technology and professional topics are available on Experts Exchange. These resources are written by members, for members, and can be written about any topic you feel passionate about. Learn how to best write an article t…

707 members asked questions and received personalized solutions in the past 7 days.

Join the community of 500,000 technology professionals and ask your questions.

Join & Ask a Question

Need Help in Real-Time?

Connect with top rated Experts

17 Experts available now in Live!

Get 1:1 Help Now