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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.
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...?
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 there is no appropriately drafted clause or agreement, the employer would have to make a claim in the civil courts against the employee for "trespass to goods" in failing to return the company property.
As a general proposition, a Virginia employer is not legally obligated to provide the employee with written notice of a termination decision. Some employers, however, prefer to do so. In addition, sometimes the employee will not be returning to the employer's premisesin such a case, a termination letter is necessary.
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.
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.
That laptop is company property and you are responsible for returning it.
An employer can initiate a legal action with the help of labor advocates, against an employee who violates any of these rights. The employer can file a case in a civil court or Labour Court against an employee who fails to perform their duties and acts against an employer's interest.
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.