Solved

Computer Equipment -- Employee Leaves ?

Posted on 2014-11-10
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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.
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Question by:finance_teacher
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5 Comments
 
LVL 36

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.
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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.
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LVL 95

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.
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LVL 49

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.
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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!
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