If an employee quit and has not returned her company iPhone, can I retain her pay until she returns it?
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If an employee quit and has not returned her company iPhone, can I retain her pay until she returns it?
Asked on January 26, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No you cannot unless the employee has agreed to this in writing (in an employment contract, union agreement, signed company handbook, etc.). The fact is that while she may not have the right to keep the phone, you do not have the right to withold her paycheck. A worker is to be paid for all hours worked. If she will no return the phone, then you can take her to small claims court and sue her for its cost.
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