employee theft

[burgled444]

What is the name of your state?
Illinois

I just had an employee quit. I own a hair salon. She gave notice but I did not accept it because it would not be in my business's best interest to do so. I arranged a time yesterday for her to remove her property from the premises which she did. I realize I should have been more diligant in monitering the removal of her property, but it wasn't untill after she left when I realized she removed some of my property. The monetary value only adds up to around $50.00.
Am I allowed to withold her check untill she returns my property? Or can this be deduducted from her check? I know most labor laws don't allow for deductions. (I realize this sounds petty, but theft is theft. )

 

[I AM ALWAYS LIABLE]

What is the name of your state?
Illinois

I just had an employee quit. I own a hair salon. She gave notice but I did not accept it because it would not be in my business's best interest to do so. I arranged a time yesterday for her to remove her property from the premises which she did. I realize I should have been more diligant in monitering the removal of her property, but it wasn't untill after she left when I realized she removed some of my property. The monetary value only adds up to around $50.00.
Am I allowed to withold her check untill she returns my property? Or can this be deduducted from her check? I know most labor laws don't allow for deductions. (I realize this sounds petty, but theft is theft. )

My response:

The fact is, you didn't see her steal anything. For all you know, a customer stole the merchandise.

You had better pay her.

IAAL

 

[cbg]

There are no circumstances whatsoever in which an employer is permitted to withhold an employee's final paycheck beyond the last day permitted by state law, which in your state is the next regularly scheduled payday. What's more, in your state that last paycheck MUST include any accrued but unused vacation pay she may have.

If you feel you can prove a claim that she is the one who stole the equipment (and IAAL is right - you don't KNOW that a customer didn't take it) you can sue her in small claims court or file a police report, but you CANNOT withhold her pay.