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I let employee borrow ServSafe book, but he hasn’t returned it and has quit. . . ?
Basically, I allowed him to borrow one of my ServSafe books for studying material and he hasn’t given it back yet. I’ve notified him many times that I needed that book back (it’s a hundred+ dollar book) and he still hasn’t returned it. He quit last week and is moving to Tenessee (I live in VA). Can I withhold his check or use it for purchase of a new book (legally) or will that cause me problems? Or are there any other ways of having my book returned/having him purchase me a new book/having him give me money to purchase a new book under the law?
Thanks!
Also, what if he says he “lost” the book, and doesn’t return it?
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#2 written by vince 2 years ago
It sounds as if he is or was an employee of yours and the “book” you’re referring to was a type of reference manual or policy book. Word of advice friend, in the future, you should consider having the manual signed out by the applicant with an understanding that the manual is the responsibility of the user while it is in his/her custody. Furthermore that if the book is destroyed,lost or fail to return the manual the employee may incur charges to replace the manual. State it on a sign out sheet or statement of understanding prior to transferring the book. If the person was employed by you and the book was a work related reference, I don’t see any problem with holding some of his pay. I wouldn’t hold no more than required to replace a manual though. The manual was company property. I don’t think, if you withheld some of his money, he would be interested in fighting you for it civilly due to the fact that most courts require (small claims) the complaint to be submitted in the county of the defendant or the business. Just to not tie up your ends, I recommend you call the labor commission in your local area and inquire about your plans. goodluck.
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#3 written by scsd126jdw 2 years ago
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#4 written by wylted 2 years ago
you can not with hold his check the only thing you can do is take him to small claims court also i would like to say employers are crooked they will have your serve safe certification then when you quit they refuse to give it back even though they have no use for it and i have had a serve safe book before it isnt 100 dollars if yours was you got ripped off also i passed the serve safe test without studying if you need to study your an idiot
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Holding his last paycheck ransom for the book is not illegal if the book is company property. An employee has an obligation to return company property (uniforms, keys, customer lists, cell phones, laptops, etc.) when they leave the company.
You should be safe in holding the last check (print it out and have the money in the bank to cover it, but do not give it to him) until he returns all company property.
I don’t know if you can purchase a new book and deduct it from his pay without a payroll deduction authorization from him, though.