Ex-employee holds co. property

[mjungdahl]

What is the name of your state? OH
Our operations manager was terminated for fraud and forgery. He will not return the companies checkbook, cancelled checks and bank statements for 2003 and 2004. Can we hold his last paycheck? What recourse do we have to get the company financial records returned? The bank will charge an absorbnant fee to reproduce the records.

 

[Beth3]

Can we hold his last paycheck? No.

What recourse do we have to get the company financial records returned? You may be able to file criminal charges for theft. Given that there are already issues of fraud and forgery, I suggest you contact (a) the police and (b) an attorney without delay. The guy is a crook and apparently has access to company accounts and isn't afraid to embezzle funds. You should also contact the bank immediately.

 

[mjungdahl]

paycheck return

thank you for replying. He has requested that we mail his paycheck. We are making it available at our office for pick up. Are we required to mail it to him?

 

[JETX]

Are we required to mail it to him?

*** Nope. I would suggest you consider 'formalizing' the request by sending him a letter that his check is ready to be picked up at his 'convenience'. Otherwise, he might claim that you refuse to make it available.

You might also consider including a demand for the return of the company property that is in his possession. Do NOT make the check contingent on the return, but you can certainly include that if he doesn't return the property within a reasonable time (3 business days?), that you will be forced to file a complaint with the police for theft of company property (checkbook and records).

Send your letter by certified RRR mail.

 

[mjungdahl]

ex-employee holds co. checks

Ohio. Thank you again for the help. The companies ex-employee (Operations Manager) hasn't returned the companies cancelled checks for 2003 and 2004. The bank will charge us $3.00 for each check it reproduces. Can we subtract this expense from his last paycheck?

 

[cbg]

I am not in my office so I can't check your state's requirements; however, in most states you cannot make any deduction other than those that are required by law or for benefit of the employee (health insurance, etc.) unless you have his/her EXPRESS, WRITTEN permission. In some states, you can't even deduct such expenses then.

Please check with your state's DOL before making any such deductions. While there are a few states that permit it, the odds are overwhelmingly against it.