What is the name of your state? Kansas
I hired an employee three weeks ago who look, talked, and worked the part for his first week on the job. Then suddenly in the last 2 weeks he stopped coming in on time (or at times, coming in at all!), wouldn't answer his pager (all our employees are on-call), and even damaged a vehicle while on the job in his work truck.
I fired him last Friday after not answering his pager, cell, or home phone, and after not showing up for an entire day of work. I went to his home and picked up my truck. He still had one set of keys, the pager, and some ticket books in his posession and was not answering any phone or his door. He did not have voice mail either.
On Saturday (the weekend he was supposed to have worked) I had another driver cover the shifts and went back to his home to retrieve my keys, pager, and ticket books. He answered the door this time. I was polite and asked for them back. He said he "had better things to do" on Friday which was why he didn't show for work and that I would get my keys and pager when he wanted me to have them. He then slammed a door in my face.
So, I asked the police to come explain to him that he will not get his paycheck until those items are returned. Which they did. I should add that he completely lied to them saying we had a "prior appointment" for him to give them to us at our offices on Monday morning. On Monday he did not come in with the items, instead he called and argued and threatened trying to get his last check early... even saying we have to pay him in 3 days from date of firing. (Which, because we have established pay period with a third party check company I was under the understanding that we simply have to pay his last check in the NEXT AVAILABLE pay period.)
I anticipate that when he comes in this Friday (our pay day) he will again be dramatic, argumentative, and use threatening language. Particularly since this check was to have been the paycheck that had the cost for vehicle damage repair deducted from his pay. I was even fair about this having only deducted have of the damage estimate, rather than the full amount as we have all drivers agree to upon date of hire... normally they pay for what they break and in this instance I believed his lies and rational and agreed to share the bill. (Incidentally, I will NEVER do that again!)
Bottom line questions now that you have the background....
1) Am I right that I have to pay him by the NEXT ESTABLISHED PAY PERIOD and not just a flat 3 days time from date of firing?
2) If he does not return his keys and pager and ticket books, can I withold his check? If not, how do I cover the loss of these items when his check is not enough to cover them?
3) Is there anything further he could do to threaten and/or sue me? I did everything by the book, including having the police talk to him about return of items (so I wouldn't be accused of saying or acting inappropriate in any way).
And... by the way, in case you were wondering... the loss of our ticket books is tantamount to a police officer losing his ticket book. We HAVE had prior past instances of drivers using their ticket books to perform work on the side and continue impersonating one of our employees, charging whatever they like, pocketing the money, and our only hearing about it after the fact when a customer complains and we discover that we had not record of speaking with them or working with them. I take loss of ticket books very seriously as I do the loss of keys to our building and property.
I hired an employee three weeks ago who look, talked, and worked the part for his first week on the job. Then suddenly in the last 2 weeks he stopped coming in on time (or at times, coming in at all!), wouldn't answer his pager (all our employees are on-call), and even damaged a vehicle while on the job in his work truck.
I fired him last Friday after not answering his pager, cell, or home phone, and after not showing up for an entire day of work. I went to his home and picked up my truck. He still had one set of keys, the pager, and some ticket books in his posession and was not answering any phone or his door. He did not have voice mail either.
On Saturday (the weekend he was supposed to have worked) I had another driver cover the shifts and went back to his home to retrieve my keys, pager, and ticket books. He answered the door this time. I was polite and asked for them back. He said he "had better things to do" on Friday which was why he didn't show for work and that I would get my keys and pager when he wanted me to have them. He then slammed a door in my face.
So, I asked the police to come explain to him that he will not get his paycheck until those items are returned. Which they did. I should add that he completely lied to them saying we had a "prior appointment" for him to give them to us at our offices on Monday morning. On Monday he did not come in with the items, instead he called and argued and threatened trying to get his last check early... even saying we have to pay him in 3 days from date of firing. (Which, because we have established pay period with a third party check company I was under the understanding that we simply have to pay his last check in the NEXT AVAILABLE pay period.)
I anticipate that when he comes in this Friday (our pay day) he will again be dramatic, argumentative, and use threatening language. Particularly since this check was to have been the paycheck that had the cost for vehicle damage repair deducted from his pay. I was even fair about this having only deducted have of the damage estimate, rather than the full amount as we have all drivers agree to upon date of hire... normally they pay for what they break and in this instance I believed his lies and rational and agreed to share the bill. (Incidentally, I will NEVER do that again!)
Bottom line questions now that you have the background....
1) Am I right that I have to pay him by the NEXT ESTABLISHED PAY PERIOD and not just a flat 3 days time from date of firing?
2) If he does not return his keys and pager and ticket books, can I withold his check? If not, how do I cover the loss of these items when his check is not enough to cover them?
3) Is there anything further he could do to threaten and/or sue me? I did everything by the book, including having the police talk to him about return of items (so I wouldn't be accused of saying or acting inappropriate in any way).
And... by the way, in case you were wondering... the loss of our ticket books is tantamount to a police officer losing his ticket book. We HAVE had prior past instances of drivers using their ticket books to perform work on the side and continue impersonating one of our employees, charging whatever they like, pocketing the money, and our only hearing about it after the fact when a customer complains and we discover that we had not record of speaking with them or working with them. I take loss of ticket books very seriously as I do the loss of keys to our building and property.