when u lose an employee either thru firing or quitting, do you tell them to return their company shirts/sweatshirts etc? I do,and was wondering what you all do…maybe depends on the situation that led up to him leaving?
Absolutely!! Before their last check is signed, their shirts are returned. Think about how an ex employee could destroy your reputation around town by acting like a fool while wearing a shirt with your business name & phone number on it. Anyone who doesn’t ask for shirts and apparel back is asking for trouble.
I was just thinking about this today…
As I walked down the street wearing, publicly drunk, wearing my “Window Cleaning Resource” t-shirt. 
That was funny.
Occasionally I ask for 'em back. But they can keep them at retirement, moving outta the country (three times, actually). Parkas, raincoats, etc all get returned, if for no other reason than they’re expensive. Gloves, workboots, and hats they can always keep.
I always ask for them back too. In fact, it is part of their paperwork they sign that x amount will be deducted for whatever tool or uniform piece is not returned and I put the value of each item as well. My guys are 2 weeks behind, so when they quit or are fired they still have a 2 week check coming. This way, it makes them take care of my property.
I ask for them back as well. I usually get them, but some apparently forget. I don’t make a real big deal about it.
You kidding me? All County is in my service area, you shoulda seen how sauced I got with a WCR shirt on the other night lol j/k
They do not get their final check until they return any and all company items they were issued, including uniforms,
Absolutely, get them back. I also don’t give them a new one without them turning in the old one. You don’t want some ex-employee arrested on the “Cops” show wearing your uniform shirt.
Were ok with that…
Yea exactly…
One kid slipped through the cracks a couple years ago. He apparently was wearing them to his new job in a deli everyday… And we go a few calls and booked a few jobs from it. I was actually thinking about handing a couple hundred out to the various delis in the area… just sorts forgot about the idea to now…
Tory,
Please listen closely to me my friend! Here in Ca you CANNOT hold the final check for ANY reason!
I got nailed by this once and it taught me a valuable lesson. I had an employee who was paying a hooker with my gas card, (he traded sex for a full tank of gas) and…he remodeled his house with my Home Depot card that was issued to him. All totaled he got me for just over $15,000. When he asked for his last check I told him to go &%&% himself!
He took me to the labor board. While the labor board referee sympathized with me and thought he was a piece of crap, she had to side with him because the law was clear. My only remedy was to take him to small claims court.
In the end I owed him his full final check plus 30 days penalty. While I agree with you that your employees should return all the company issued items to you, I would advice you to push the issue only until he demands the check.
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Woe. Thats horrible!
I don’t hold the check hostage, I just deduct whatever amount is owed for the tools. Its part of the employment agreement. Say he’s got my 47’ slx, and some tanks, rain birds, shirts etc…he quits and says the stuff was stolen. That comes outta his pay. Weather its legal or not, I really am not giving it a second thought. Thanks for the heads up big Brett! Much appreciated-but if uncle sam tells me I am in the wrong, uncle sam can jump in a lake.
It depends on what the contract says. Every person who works with us has a signed employment agreement. It says very clearly in the employment agreement that any and all monies due to the employee will be withheld until all company items issued to the employee have been returned, or other arrangements have been made
Can you actually sign away your rights?
What bailey said is also law in Canada. Even if they steal from you, you cannot touch the check.
No, you are not signing away your rights. You are signing a contract. If the terms of the contract are not acceptable, you don’t sign and you don’t work here.
When you buy something on credit, like a car, you sign a contract. Are you signing your rights away? If you believe you are, don’t sign. What do you think will happen at the dealer or the bank when you don’t sign the installment loan agreement?
The only difference is that you are signing an employment contract. You have a choice to agree and sign or not. There is nothing in the contract that puts your health or welfare at risk.
PAYROLL DEDUCTIONS & WITHHOLDING WAGES, VACATION PAY
There are Federal Wage & Hour regulations regarding payroll deductions. In addition, there are state laws that address when and how deductions can be accomplished. Any deductions, other than statutory taxes or court-ordered garnishments, must be authorized by the employee in writing prior to the deduction. Violation of any of these regulations may have adverse consequences, including penalties and fines. Keep this in mind as you make attempts to collect debts or items owed the company by an employee.
DON’T HOLD PAYCHECK HOSTAGE FOR FAILURE TO RETURN COMPANY PROPERTY
Scenario: I have an employee who is quitting his job but who has not yet returned his shop keys, company tools, several company uniforms and some company safety equipment (safety shoes, hard hat, etc.). His final paycheck more than covers the value of these items. Can I hold up his final paycheck until he turns in all company property?
Answer: No, the employer is not able to hold a paycheck until the employee returns the employer’s property. The employer cannot deduct anything from the final check except those items that have been previously approved in writing by the employee. Deductions are limited to routine items such as for a health plan, taxes and Social Security.
On occasion an employee may have borrowed money from the employer and have a repayment contract. The repayment contract may continue beyond any termination date, if the usual repayment deduction from the last paycheck does not pay off the owed amount. The employer may not deduct the total amount still owed from the final check. The Labor Commissioner has never permitted the employer to hold a final paycheck hostage until such time as the employee returns all company property.
How does an employer recover company property from a terminated employee?
[B]When issuing company property to an employee, the employer should make certain that employee and employer sign an agreement requiring the employee to return company property upon termination. Such an agreement can be submitted to a court of proper jurisdiction if the terminated employee refuses to return company property by a certain date. Before taking court action, the employer should advise the former employee by certified mail that company equipment must be returned by a certain date to a designated place. The former employee also should be advised that if the company property is not returned, the company will seek relief in court. The employer’s out-of-pocket costs for bringing such a claim usually are included in any award by the court. As stated previously, do not try to hold the employee’s final paycheck until the equipment is returned. Only the courts have the right to enter a judgment and order money paid out of a paycheck. Employers who help themselves to the employee’s paycheck or hold the final check may be subject to penalties and fines by state and federal labor regulations.[/B]
I just became very sad.
The key words there are “must be authorized by the employee in writing prior to the deduction.” That is where your employment contract comes in. If you include the proper terms in your contracts, you can avoid hassles. The secret is not to hire employees but to contract them. The contracts are for specific time periods and at the end, the person can walk away, I do not offer another contract or we come to another agreement for a contract
