Welcome to Experts Exchange

Add your voice to the tech community where 5M+ people, just like you, are talking about what matters.

  • Help others & share knowledge
  • Earn cash & points
  • Learn & ask questions
Solved

Computer Equipment -- Employee Leaves ?

Posted on 2014-11-10
5
67 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 88

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 93

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 48

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:Danny Child
Danny Child 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

Free Tool: ZipGrep

ZipGrep is a utility that can list and search zip (.war, .ear, .jar, etc) archives for text patterns, without the need to extract the archive's contents.

One of a set of tools we're offering as a way to say thank you for being a part of the community.

Question has a verified solution.

If you are experiencing a similar issue, please ask a related question

Suggested Solutions

Moving your enterprise fax infrastructure from in-house fax machines and servers to the cloud makes sense — from both an efficiency and productivity standpoint. But does migrating to a cloud fax solution mean you will no longer be able to send or re…
What do we know about Legacy Video Conferencing? - Full IT support needed! - Complicated systems at outrageous prices! - Intense training required! Highfive believes we need to embrace a new alternative.
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…
Where to go on the main page to find the job listings. How to apply to a job that you are interested in from the list that is featured on our Careers page.

840 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