cbg said:
Under the laws of NY state, you must release his final paycheck no later than the next regular payday. You cannot hold it pending return of the equipment, and NY law will not permit you to take a deduction covering the cost of the equipment from the final check.
However, you may take whatever other action you feel may get your equipment back, including having an attorney send him a nasty letter, suing him in small claims court, etc.
Welcome back CBG,
In response to this reply, In Florida it is also illegal to withhold a paycheck for any reason as you stated above, however, there is a loophole (to my understanding). My management handbook (and other handbooks that I have read)which I had to sign upon employment states; We (the company) reserve the right to hold a portion or all of any wages due to the employee upon term. if:
A) Terminated for stealing (money)
B) Doesn't return company issued uniforms
C) Doesn't return company equipment
So on and so forth......
I remember a long time ago I checked with my attorney when I owned the company and he said that; "As long as you signed that booklet
PRIOR to being hired, than the company can do that, however, that disclaimer
MUST be
PRIOR to being hired, Not during employment, Not before your fired, but
PRIOR to being
HIRED.
Question(s)
1) Can they???
2) If so, did the employee of the OP sign the employee handbook, and was that disclaimer in there?
3) I guess the BIG question here is (pending the answers to 1 & 2), Is there a loophole in NY'e DOL as there is Florida's?
Thanks, CBG or others