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  • Witholding Final Pay

    Does any one know how to do this or if it is legal...

    I am an employeer who has remote employees. One has since terminated his employement with my company but has yet to send me back his laptop, etc. I was wondering if it is legal to with hold his final paycheck until i receive the property. He did sign a policy that states all company property must be returned upon termination of employment, but i am not sure what recourse i can take....please help!

  • #2
    You did not mention what state you are in.

    If you are in South Dakota then yes, you can withhold his final check until he returns all company property. If you are in any other state, you cannot.

    What other options you may have if you are not in South Dakota, will be state specific.
    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
      Im in Virginia

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      • #4
        In VA, you have to release his final pay by the next regular payday after his last day of work. But you can sue him for the return of the company owned materials.
        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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