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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.
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.
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.
A. No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs.
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...?
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not the employee, then an employee who keeps property given to them for use only after the permission to keep it has been revoked could be liable for a form of theft.
Dear Name, According to Company Name policy, employees are required to return all company equipment upon termination. As of the writing of this letter, there is no record of your returning describe missing items.
For over five years, Connecticut law has required employers to let employees respond, in writing, to write-ups, performance evaluations and/or notices of termination. Not only must employees be given the opportunity, but they must be advised of this right by their employer, in writing!
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.
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...?