To Beth3 and cbg

[Al Iglesias]

What is the name of your state? FL

This story with this employee just keeps getting stranger. That former Georgia employee you gave me advise on yesterday just sent us a fax today stating he will hold our Sony Vio (est. $2,500.00) laptop until he receives his expenses. What a character! We sent him a letter back that we have every intention of paying his expenses, commissions and salary in the normal pay cycle which is forthcoming August 30. We also stated in the letter that he needs to have the laptop in the vehicle upon the pickup thursday from our Warehouse person. We also stated in the letter that his contract requires return of company property and that legal implications may arise if it is not in the auto on thursday. Your thoughts??? By the way, guys thanks.

Also, by the way are you guys practicing attorneys or soon to be in Florida by any chance?? I am not that familiar with the forum here other than I had it on my favorites about a year ago. and yesterday was my first e-mail on the site. thanks again.

Al Iglesias
Controller
Kreussler, Inc.
813-884-1499

 

[Beth3]

Nope, we're not attornies. I'm part of the the pit crew for an Indy race car driver and cbg is an actor on a prominent soap opera who hops on the internet to answer questions between takes.

Actually, we're both senior HR practitioners and consequently pretty well versed in employment law.

In a situation such as you describe, it is not permissible for either party to hold something hostage in exchange for whatever compensation they believe they're deserved. For example, you can't hold his paycheck until you get the car; he can't hold onto the laptop until he gets his expense check. It appears he's already realizing his expense check may be net of the cost of collecting the car which is I presume why he's kidnapped his own laptop. What a knucklehead.

You did exactly what I would have done in this situation, which is to state in writing that all company property must be returned by XX date, otherwise legal action will ensue immediately.

This guy is a real piece of work so it appears you may have to play hardball with him. Or at least threaten to.

 

[Beth3]

By the way, expenses aren't governed by law (except possibly in California), so it's entirely a matter of company policy.

If the laptop isn't in the car as instructed, there's NO WAY I would give that bozo his expense check. You may hang onto it as long as you wish. When he makes a stink, tell him that as soon as he arranges for the return of the laptop to your main offices AND you are assured it's in working order, he'll get his expense check.

He undoubtedlly needs the money a lot more than you need the laptop, so if you stick to your guns, you should do just fine.