julia best

System

According to Ohio law,if an ee hasn't turned in equipment (keyboard and mouse for computer) can money owed to the ee in the form of paycheck or from insurance premium overpayment, can the employer hold paying the ee pending return of equipment?

Don D

Julia: This question has come up several times over the past year and has had a general consensus from most states that to withhold wages for such purposes is illegal. In some states, it is apparently opposed by the labor people and I know that in some, it's not pursued unless a formal complaint is filed. I can tell you that in Mississippi it is not uncommon for an employer to withhold wages or to deduct for equipment not returned. I think in your state you might call the Bureau of Employment Security or the State Workforce Development office. The name varies from state to state; but, they're in the government section under Dept of Labor. Hope you find your answer. Welcome to the Forum. Don't be a stranger.

Balloonman

Julia if it is clearly written in the company policy my understanding that you can withhold for items as long as you do not bring the individuals pay down below minimum wage.
My $0.02 worth. Welcome.
DJ The Balloonman

SDDCHR

Definetly check your state law. I know in South Dakota, we can hold a check until all property is returned.

hrbanker

Julia, In Ohio wages must be paid to terminated employees no later than the next regular payday. You may withhold the cost of equipment or other company material ONLY if the employee had previously signed an agreement to that effect, and then you can't take them below minimum wage.

However, as for overpayment of insurance premium... I would check with the DOL to see if you have a right of offset. You owe the employee $XX for premiums and the employee owes you $XX for computer equipment, so you call it even. The number I have for Wage & Hour division of DOL is 614-469-5677. Good luck!