Advice concerning a terminated employee

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tyha

Senior Member
Location
central nc
I recently found out one of our foreman was using our material for side jobs. Not just alittle but alot and this had been going on for about 2-3 months now. So needless to say i fired him. Here is the situation, he had a company phone which I asked for. He said he had the sim card but about a month ago he ran over the phone with the truck and crushed it. He said he would return the crushed phone when he got his final check, dont i have a right to deduct the cost of the phone from his final pay check. Also, he has one of our 24' ext ladders that will have to be returned before i give him his check. He was basically running a seperate company doing work while still working for us which is structly prohibited.
 
zog

zog

Senior Member
Location
Charlotte, NC
tyha said:
I recently found out one of our foreman was using our material for side jobs. Not just alittle but alot and this had been going on for about 2-3 months now. So needless to say i fired him. Here is the situation, he had a company phone which I asked for. He said he had the sim card but about a month ago he ran over the phone with the truck and crushed it. He said he would return the crushed phone when he got his final check, dont i have a right to deduct the cost of the phone from his final pay check. Also, he has one of our 24' ext ladders that will have to be returned before i give him his check. He was basically running a seperate company doing work while still working for us which is structly prohibited.
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I have seen some ugly battles start like this, my advice, let it go, a ladder and a phone is much cheaper than a ladder, give him his check and wish him luck, maybe he wont bad mouth you. Dosent matter who is right, the damage done to your rep by an ex-employee can be very damaging to your business. let it go.

I am sure there will be some VERY different opionions, this is just mine.
 
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frogneck77

Senior Member
Location
Shelton,CT
Sorry to hear about your situation.Did you ask him to return the ladder? As far as the phone goes if you need another you can usualyy get one for free if you renew your contract. I think if you can prove he stole materials you should ask for reimbursement or threaten to go to the police. I wouldnt hold his paycheck though, If you do he can cause hell for you with the Department of Labor. I wouldnt just let it go-At least get your ladder back if you can.
 
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romexking

Senior Member
Location
Marriottsville, Maryland
Unfortunately, you must pay him his last check. You cannot withhold any money without authorization to do so. If you are certain that he used your material on a personal job, I would file a complaint with the police, and also send an Intent to File Lien to his customer (if you know the address). This will surely rustle some feathers, and those customers will call you to find out WTF is up, you can then tell them the story, they will call that guy and insist that he pay you for the material.

The down side is that many people are vengeful. He may do more damage to your trucks, jobsites, or office than you would get back from him.

Good luck with it.
 
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realolman

Senior Member
It is my opinion that employees don't have many rights. If you withhold his pay for what you believe to be just reason, what is the worst that could legally happen to you? What is the reason employers hold the first week or two pay anyway?

You didn't talk to your foreman on the phone for a month? You don't have any record of phone use?

I know there's a principle involved, but the stuff isn't that expensive, and there is a higher power than the law. There is actually more than one principle involved here.

From what you wrote, it sounds as though he doesn't trust that you will pay him, any more than you trust him to return your stuff.

You fired him. Forgive him, pay him, and be glad he's gone. Who knows. maybe he'll return your stuff.
 
Dennis Alwon

Dennis Alwon

Moderator
Staff member
Location
Chapel Hill, NC
Occupation
Retired Electrical Contractor
I don't understand. If someone broke into your shop and stole your tools would you not try and get it back esp. if you know who has it. I believe I would put the check in an escrow account until my equipment was returned. I would also talk to the person involved and inform them they had a few days to return everything or the police would be involved.
 
brian john

brian john

Senior Member
Location
Leesburg, VA
All this would be hard to prove, eat up your time, give you more angst, maybe hurt your rep.

He may (or may not) get it in the end.


Move on, it is hard to do but sometimes you need to know when to pick your battles.
 
iwire

iwire

Moderator
Staff member
Location
Massachusetts
brian john said:
All this would be hard to prove, eat up your time, give you more angst, maybe hurt your rep.

He may (or may not) get it in the end.

Move on, it is hard to do but sometimes you need to know when to pick your battles.
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I could not agree more.

The stuff used on other jobs .... how can you ever prove what went where?

A ladder? A phone? IMO peanuts compared to the stress, time and money you will waste pursuing this through legal channels.

Let it go, move on.



(FWIW I am not a business owner)
 
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emahler

Senior Member
Check with your states Department of Labor...the issue is that most of us violate labor laws everyday without realizing it...no matter how right or wrong he is, if you violate labor laws in this instance and he makes a complaint (in NJ withholding his paycheck is a violation), what will the DOL find if they investigate you?

Pay him his check and file a police report. They will investigate him for theft, you will get your ladder back...but at that point, hopefully, you will not have given the DOL reason to investigate you, and you will have done some fact searching on what your state's DOL rules and laws are.

good luck.
 
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satcom

Senior Member
frogneck77 said:
Whatever you do-Dont act on emotion and get yourself in trouble!
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Employee laws differ from state to state, but in most states you can not withhold an employees pay without a cause, which is usually a legal action, we have insurance to protect us from employee lawsuits, and the manual that they provide, just about says don't do anything with out legal advice.

Not paying an employee can sure get you in trouble, in just about every state, and you may still have the problem of defending his firing, with your state labor department.
 
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bikeindy

bikeindy

Senior Member
Location
Indianapolis IN
Pay him, tell him you want your ladder and give him 5 days to return it. I would then call the police to get it, give them his name DL# and have them run him in the system maybe they will pick him up on an outstanding warrent. Justice sweet Justice.
 
bbaumer

bbaumer

Senior Member
Location
Indiana
romexking said:
Unfortunately, you must pay him his last check. You cannot withhold any money without authorization to do so.........
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I THINK romexking is correct here. Stealing from him (his paycheck) cannot be done to offset the cost of theft from you. I believe you MUST pay him and go through legal channels to get your stuff back and/or have him charged with theft. Holding his check makes you a thief, legally.

I'm not an attorney but I seem to think I've read this somewhere before.

I could be wrong though.
 
480sparky

480sparky

Senior Member
Location
Iowegia
One question:

Do you have an employee handbook?

No... Pay him, swallow hard and move on.

Yes..... go by the policy outlined there.

Also, click here.
 
Buck Parrish

Buck Parrish

Senior Member
Location
NC & IN
He was basically running a seperate company doing work while still working for us which is structly prohibited.[/QUOTE]

If he is licensed or not it doesn't matter. If he was doing electrical work.
File a complaint with the NC State Board Of Examiners Of Electrical Contractors.
Chances are you will be paid for ladder material etc...

Pay him his check on time. That's bussiness.
 
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