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[boyce]

I worked for a horrible company for 8 months and I am the 17th person to quit within that time period. My previous boss has NEVER asked for other employees to return any items such as uniforms or keys. It is a small business and he is retaliating on me because I was his asistant manager for only a few short months before I quit. Now he is telling me I need to return all the items I had. I still have the keys, but no uniforms. Also, the company doesnt even keep track of who has what. For instance, there is NO paperwork that people sign when they receive keys or uniforms. So by law, there is no proof of me even having these items! I have read some info on the US department of labor and it looks like they cannot withold a check. But can they tell me "well, we will have to reissue you another check once we take out the loss of items you had." ..? I dont think they can since they dont even have proof that the items were ever in my posession. However, I just want to see if anyone has had experience with this info. He has agreed for my mom to return the items to him and he will give her the check because It is happening in Georgia and I am now living in FL. Please help, thanks!

[amdt57]

What some companies do is deduct for the cost of unreturned company property. However, to hold your last paycheck for ransom for a certain number of days or weeks is illegal. Your state's dept. of labor can give you more clarity. If all you had was a key, just return it. You can take the high road in spite of what a horrible place your former company was. Yes, they were ignorant for not documenting company property given to employees, but that does not give you permission to keep their property.

[bing49]

Yes, your previous employer can deduct the value of the items you have in your possession. And if you have failed to return the keys they can deduct the value of the keys PLUS the cost of rekeying all of the locks.

And yes, they do have proof that these items are in your possession. All that is required is for your former boss to sign a declaration under penalty of perjury that he issued you those items. THAT is all the proof that is required - particularly for a small company. (Large companies generally need to have something signed by the employees because it is harder to keep track. But for a small company? It would be very believable that the boss remembers what he issued to you.