West Virginia Acknowledgement of Receipt of Company Property by an Employee
Description
How to fill out Acknowledgement Of Receipt Of Company Property By An Employee?
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FAQ
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.
What if my paycheck is late? Employers are required to meet payroll at least twice a month with no more than nineteen days between paychecks, and to pay their employees for all wages earned up to and including the twelfth day immediately preceding pay day.
When is the final paycheck due when an employee is fired under West Virginia law? As per W. Va. Code § 21-5-4, when an employee is fired, the employer must give a final paycheck to him or her within seventy-two (72) hours.
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.
Code § 21-5-4, an employee who quits his or her job must receive his or her final paycheck immediately if he or she has given the employer at least one pay period's notice, or on the next regularly scheduled pay date if he or she fails to give such notice.
Are employers required to provide vacation and sick leave benefits to their employees? No, state law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, sick leave, etc. to their employees.
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.
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.
West Virginia law requires that employers with six or more employees in one location pay nonexempt employees one-and-one-half times their regular pay rate for all hours worked in excess of 40 hours per week.
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.
