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Return of Building Key ... Pennsylvania

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  • Return of Building Key ... Pennsylvania

    We have an employee who gave 2 days notice (as opposed to the required 2-weeks notice as stated in the employee handbook). This employee has a key to the building that has not been returned. Final paycheck is due tomorrow ... can it be withheld until the key is returned?

  • #2
    Not legally. The only state that permits an employer to withhold final pay pending return of all company property, is South Dakota.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Any advice on how to go about getting the building key back if we can't hold the paycheck?

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      • #4
        If it is an actual check, call the employee and tell him you have the check. Set a time for the employee to come by and then mention the employee can drop off the key will getting the check.

        Is there a reason why the employee would not return the key?

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        • #5
          Did you ask the employee for the key? What did they say?
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            One other issue. Returning the key is not the same thing as the employee not copying the key. I am not saying that you do not want the key back, but ...
            - As stated you cannot legally hold the check in PA.
            - You have no certainty that the key was not already copied.
            - There is a huge advantage to key cards and electronic locks. Hard to copy, but even if copied or the key card not returned, so what. Just lock out that key card. Plus electronic lock system can record all access (who, when, which lock). If the employer is actually interested in real security, this is a big plus.
            - The only real security with a metal key is rekeying the locks and replacing all keys every time someone leaves. Getting the metal key back is better then nothing but it is far from a sure thing. However not paying the employee when due is a sure thing. A sure illegal thing that the employee can get governmental recourse on.

            I am going to suggest that maybe the whole "key" situation needs to be carefully thought through unrelated to any one person leaving.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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