Virginia Employee Lending Agreement
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How to fill out Employee Lending Agreement?
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FAQ
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.
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.
If the employee terminates and does not return the property, you may be tempted to hold back their final pay until they do return the item. However, withholding the employee's final paycheck is against the law.
Can employers take back wages from overpaid employees? Both federal legislation like the Fair Labor Standards Act (FLSA) and state labor and employment laws give employers the right to recover an overpayment in full.
If a state has no statute or regulation that specifically prohibits overpayment recoupment, some state wage/hour or employment standards agencies interpret that to mean that overpayment recoupment is allowed, even though the state has laws that otherwise limit or prohibit deductions. For example, in Virginia,
No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee.
There is no Virginia statute that requires employers to pay a departing employee for accrued vacation or other leave time.
No. An employer cannot deduct from your wages to cover mistakes, shortages, damages, or other losses (except for taxes).
An employer withholds a portion of an employee's earned wages to cover cash register shortages, breakage, etc. In each situation, the deductions are not allowable if the employee was required to give blanket authorization for the deduction as a condition of employment.
If an employee has quit while in possession of company property and is due a final paycheck, wages may be withheld only when the employer is authorized to do so by law, required to do so by a court or has written authorization from the employee for the deduction.
