Withhold Pay?

Randi

I would like to know if it's legal to hold back a former employee's pay when he leaves the company and doesn't return company equipment.

Jen Carsen

Hi Randi--

It depends a lot on the specific circumstances, including whether the employee has signed any kind of agreement, as well as what state you're in. The employee's state of mind can also come into play (e.g., negligence vs. out-and-out theft). Can you provide us with a few more details? Thanks!

Randi

The gentleman was employed by us as a construction inspector.  He signed an equipment assignment form for the equipment he was using on the project.  His project was finished and he's supposed to return the equipment.  We sent a termination letter when he was laid off which stated that he needed to make arrangements to return the equipment.  However, he has not done so.  We tried e-mailing, calling, etc., for over a month but he still has not returned anything and either makes excuses or avoids us.  We're located in New Jersey.