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Failure to return any and all company assets is a violation of company policy and failure to comply with your request will result in civil and criminal action. Let them know that the company has a zero tolerance policy and any remaining compensation that has not been paid will also be withheld.
If it is very clear that the laptop is the property of the company and not the employee, then an employee who keeps property given to them for use only after the permission to keep it has been revoked could be liable for a form of theft.
The termination letter for theft format should be formal and straight to the point and include the date of the offense and the specifics of the offense. Notifying the employee of existing proof will help prevent a legal battle based on wrongful termination charges.
This means that when an employee terminates, you must deliver their final wages by their next payday regardless of whether they return company property. In other words, if the employee fails to return the item, you cannot hold their final paycheck hostage.
As such, if you do not promptly return their property, your former employer could have grounds to file a civil lawsuit against you. In some extreme cases, your former employer may also take criminal action in order to ensure the prompt return of company property, such as a company vehicle.
By having both parties sign a legally binding agreement, the employer is legally obligated to provide functioning equipment and the employee to return it once they stop working. The other option would be to offer a WFH stipend as part of your remote work lawsuit policy.
As of the writing of this letter, there is no record of your returning the items in question. Please be advised that Company Name considers refusal to return company property to be theft. If the above listed items are not returned by Date, Company Name will contact local law enforcement.
Depending on the value of the property at issue, an employer may be able to file a small claims action against a former employee who won't return its property. Also, in some circumstances you may be able to put an employee on an unpaid suspension pending the return of property.