Holding Last Pay

[ETobias]

What is the name of your state (only U.S. law)? Pennsylvania

Last week I fired our IT person for insubordination. He has not given me the company's database's passwords. Am I legally able to keep his last pay until he gives me the passwords?

 

[justalayman]

Pay the man his wages.

 

[AdjunctFL]

Pay the man his wages.

And, when his replacement is hired, make sure you as his manager are provided with all passwords to keep in a secure place.

 

[eerelations]

No you are not legally free to hold his pay.

 

[cbg]

There is only one state where you could legally withhold pay until the return of all company property, and that state is not PA.

 

[ETobias]

Last Week Pay

No you are not legally free to hold his pay.

Thank you. That was my "gut" feeling.

 

[fishytom]

There is only one state where you could legally withhold pay until the return of all company property, and that state is not PA.

Which state is it legal in? I thought it is forbidden by federal law, even if employees damage company equipment, or something similar.

 

[cbg]

Federal law has no mandates on the timing of final pay - or any pay, for that matter. It only dictates that it BE paid - it does not address timing. South Dakota has a law that expressly gives an employer permission to withhold final pay until all materials belonging to the employer have been turned in.