Term'd Employee still has Co Property

mbliek

Good afternoon. :help:

What can be legally done to get company equipment (Hard hat, cellphone, laptop, vest, etc..) back from an employee after they have been terminated?

The president of my company terminated an employee yesterday after I left the office (for job related reasons). He was unable to get all equipment, given at the time of hire, back from the employee. I am unable to find a list of the equipment given to the employee in his personnel file.

Does anyone have any suggestions on how I could/should proceed?

Thanks
MBliek

Sharon McKnight SPHR

Unless you have a "Company Equipment Use and Return Policy Agreement" signed by the employee, you may have a tough time retrieving the items. Also, you can't withhold his/her final paycheck until the equipment is returned.

With that said, I would cancel the cellphone and write a letter to the former employee asking that he/she return all company property, and give a deadline.

If not returned by the deadline, I would consult with my attorney on whether or not to prosecute for theft.

I hope this helps.

Sharon

Paul in Cannon Beach

I would offer to pick up everything and ask the employee what a convenient time would be for them.

KSR6450

[quote=Paul in Cannon Beach;715942]I would offer to pick up everything and ask the employee what a convenient time would be for them.[/quote]

I know I would not be comfortable going to meet a recently terminated employee, especially offsite.

Paul in Cannon Beach

You could take someone with you. I think the point of going to them is to remove obstacles to helping them return the property so everyone can move on.

Asking a termed employee to come back to your premises and return property sounds more troubling and insulting to me.

Plus, its easier to LEAVE someone else's area than to make someone else leave your area.

KSR6450

There is always the USPS or FedEx if you need a tracking system. The employee, if they are going to return the items, will do so - if not then Sharon has the best suggestion. I just can't see where it is wise to meet a recently terminated employee offsite. Why is it insulting to be asked to return items that were given to you in good faith?

Paul in Cannon Beach

I have never been fired (yet) but I know its a traumatic emotional experience. For some people, its difficult to even drive past their former employer, much less come onto the premises. Going to them just seems to make more sense to me but maybe that is just me.

So, mbliek, any update on what you decided to do?

mbliek

Thank you all for your suggestions. I am taking them to the supervisor and operations manager today to formulate a plan. Will let you know what happens.

Sharon McKnight SPHR

Another option is to meet the former employee at a neutral location.

Sharon

Paul in Cannon Beach

Like Switzerland or Ikea.

Sharon McKnight SPHR

Or, maybe just the nearest McDonald's. And, you'd get to eat, too!

Sharon