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Your company would file a criminal complaint against you for theft if you do not return the laptop belonging to the company. It's advisable that you serve a legal notice to them asking them to pay your full and final settlement amount and also take the laptop from you.
That laptop is company property and you are responsible for returning it.
Edward Harold of Fisher & Phillips LLP, a national labor-law practice, says that unless a company has conclusive evidence of theft, it should make no direct accusation and not even use words such as "theft" or "stealing." Terminating the employee this way -- rather than firing him for wrongdoing -- may allow the worker
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.
How to write a termination letterStart with the date.Address the employee.Make a formal statement of termination.Specify the date of termination.Include the reasons for termination.Explain the settlement details.Request them to return the company property.Remind them of the binding agreements.More items...?
California RequirementsNo written notice is required if it is a voluntary quit, promotion or demotion, change in work assignment or location (some changes in location require a WARN notice), or if work stopped due to a trade dispute.
How to write a termination letter?Let the employee know the date of their termination.State the accurate and detailed reason(s) for his/her termination.Mention compensation and/or benefits, if any.Notify that they must immediately return all company property.More items...?
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
Even though California is an at-will state, meaning that an employer or employee can be terminated at any time with or without cause at any time and for any lawful reason, with or without advance notice.
If the employee is nonexempt, you may be able to dock their wages. Under the FLSA, you can make deductions for unreturned company property if the employee is nonexempt and the deduction does not drop the employee's pay to below the minimum wage or reduce overtime wages owed to the employee.