Employee Quits

What is the name of your state (only U.S. law)? CT
Company is in CT, employee in TX. Employee quits effective immediately by sending an overnight letter. Employee ships all material she is working on but retains company laptop and other equipment. The employee is non responsive to phone calls, emails, and fedex letters.

Can I deduct money from the last paycheck as expenses for the equipment the will not return?

When I left my job with a nation-wide corporation (with proper notice), they held my last paycheck until I returned my laptop and other equipment back to them.

I think that is a safer approach, as it avoids the problem of having to put a fair market value on the laptop.

It is, however, illegal in every state except South Dakota.

I realize it is illegal to withhold the check but is it legal to make an expense deduction out of the check?

No. It is not only illegal to hold the cheque, it's also illegal to deduct anything other than the usual statutory deductions from the cheque. The legal way for you to get the laptop etc. back would be for you to sue the ex-employee for the value of the items she has kept.

cbg said:

It is, however, illegal in every state except South Dakota.

Click to expand...

Now you tell me! I could have sued 'em.

If you'd asked me at the time, I would have told you.

cbg said:

If you'd asked me at the time, I would have told you.

Click to expand...

That's my fault. I just assumed that the HR department of a Fortune 10 company would know what they are doing. Now my opportunity to sue for a gajillion dollars is gone.

thedoctorisin said:

That's my fault. I just assumed that the HR department of a Fortune 10 company would know what they are doing. Now my opportunity to sue for a gajillion dollars is gone.

Click to expand...

Yeah... the problem with that is that they'll have you legally tied up 'till you're in a nursing home.

You couldn't have sued for any gajillion dollars. You could have contacted your DOL, who would have forced them to release your check, and then they would have sued YOU for their stuff.

ecmst12 said:

You couldn't have sued for any gajillion dollars. You could have contacted your DOL, who would have forced them to release your check, and then they would have sued YOU for their stuff.

Click to expand...

I was including recompense for the extreme emotional distress that I would have suffered. My emotions are really intense, so they are worth top dollar$$$.

thedoctorisin said:

I was including recompense for the extreme emotional distress that I would have suffered. My emotions are really intense, so they are worth top dollar$$$.

Click to expand...

RIGHT! good luck trying to collect on that.

mlane58 said:

RIGHT! good luck trying to collect on that.

Click to expand...

I'd settle for a 1/3 of a gajillion dollars. It's not like I'm completely unreasonable.