Ex disgruntled employee

Letter from your attorney, with final check. Follow through with small claims court to prompt return of items if not returned within X days of check clearing, and mention you plan on this course of action in the letter. A summons for a court appearance may do more to get your stuff back than either withholding from final check (dubious legality depending on jurisdiction) or a letter from your attorney. But don't play games with the paycheck. It doesn't help your case, in the least.

 

I'd have waited until the truck was parked in the yard and his logs were turned in. Then I'd have ####canned him. If he runs out the door and takes the truck, then its theft (not that it isn't theft in OP's scenario). Call the cops and let him rot in a cell for a while.

 

OK a couple questions.

1 - is he an employee that has a w2 for or is he a 1099?

2 - did you have him sign any employment contract that spells out what has to be returned?

Oh and what state are your company is in?

 

You cannot legally withhold any of his earnings, unless he has sign an authorization. Most states frown very hard if an employer does this. I realize your position but what you describe is what is refereed to as "the cost of doing business" Even if he refuses to turns in his logs, you cannot hold his wages, in most states and in most situations.

 

It depends on the circumstances.

If he is supposed to turn in his logs as part of proof of doing the job, then yes you can in that case. The logs are a regulatory requirement of proof, without them a case can be made that he didn't work at all.

 

I respectfully disagree, I have witnessed the very thing and the argument was won by the driver. Now! If the driver signed an authorization, either on his employment application or otherwise, then I agree with you. But if a driver does not sign for his earnings to be withheld. the employer is breaking the law. Even when a person is employed, that person signs for taxes to be withheld, nothing can be withheld, unless by a court order, from an employee without his permission.

 

I'm with you. What's really up here?
He said he'd whoop your ### didn't he? Lol

Send the "vendictive" wife the dudes money.

 

I would agree with you in most cases but not all and there are exceptions.

One such exception is that the driver if being paid by piece work method, either by the percentage of the job or by the miles driven, then the logs are part of the verification to confirm the job is done. If the driver doesn't provide the proof HE did the work, then he has no accumulated wages for that pay period and holding it back means he is forfeiting his wages until he turns in those logs.

I've done the leg work on this issue because of what happened to me, I got screwed out of money due to missing paper work, the court would have sided with the company, not with me, even though I had other proof.

AND by the way, a contractual agreement does not have to exist to withhold the estimated taxes, there is a legal obligation to withhold taxes which precludes any need to ask permission. At the time of employment, there is no protection of the employee on the issue of withholding of taxes under the law.

 

Glad it worked out for you. Best of luck with trying to upgrade your dispatcher system