Question: Can I hold a final paycheck until company property is returned?

August 29, 2008

It is unlawful to hold any part of a final paycheck in both Missouri and Kansas.  If your employee worked in a state other than Missouri or Kansas check that state’s regs (as well as local regs).

 

I have many clients who claim that they will deduct monies from final paychecks for things such as cell phones, paid tuition reimbursement under certain circumstances, paid training, etc.  However, an employer is not permitted to make these deductions from the final paycheck. 

 

If as an employer, you believe that an employee owes you money for broken or unreturned equipment or any other reason; you must file a claim through the courts to have this money paid. 

 

In addition, laws regulate when a final paycheck must be given to the employee.  Here they are for Kansas & Missouri.

 

Kansas

If employee is fired: next scheduled payday.

If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)

Missouri

If employee is fired: immediately. (Mo. Ann. Stat. § 290.110.)
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: