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Roki0218
11-28-2007, 08:49 AM
Here is the situation - we are giving out to employees company equipment (laptops, black berries, security ID cards and door access cards). When an employee terminated we get all of the items back. We have had some instances where the employee does not return the equipment. I know that we cannot hold the employees check until they give back the equipment or do a deduction without the employees consent.

New York Laws state that we cannot do a decution unless it is authorized in writing by the employee and are for the benefit of the employee. The deductions seem to be limited to payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee.

My question is can we have the employee sign a deduction authorization stating what equipment they received, the value of the equipment and if they do not return the equipment upon termination then the value will be deducted from thier final paycheck? Will this satisfy the employee authorizing the deduction and is for the benefit for the employee? I see how it can for the authorization but what about the benefit?

Thanks for your help.

DAW
11-28-2007, 09:33 AM
The "benefit" is access to the company equipment. I would tend to treat computers or cell phones differently then access cards or keys. Employers are basically ordering the employee to take and use the access card. On the other hand, companies have no real reason to order employees to take cell phones or computers. That should be a strictly voluntary action. It should not happen at all unless the employee voluntarily agrees to the deduction agreement and the related conditions prior to handing out the equipment. The employee should have the option of not taking the equipment at all if they consider the related terms to be onerous.

Roki0218
11-28-2007, 09:38 AM
Thanks for the reply.

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