Can I withhold Pay

[gkjones]

My husband suspects one of his employees of theft of paintbrushes. The person he suspects is leaving to work for another company and would need these items to use with his work as a painter and decorator. My husband bought the new brushes for his own and employees use and left them in the works van that the particular employee uses. They have gone missing since last week when they were left in the van. My husband has asked the employee if he has got the brushes and the employee has said he hasn't. My husband wants to withhold the employees wages until the brushes are returned to the van, can he do this?

 

[Beth3]

My husband wants to withhold the employees wages until the brushes are returned to the van, can he do this? Absolutely not. An employer may not withhold wages on suspicion of theft or in exchange for return of company property. Even if your husband knew for certain that this employee had stolen in the brushes, he still couldn't withhold the employee's paycheck.

 

[Duranie]

He needs to sue the employee in small claims court if he feels the ex employee took the items.

 

[Beth3]

Your husband can file a criminal complaint with the police and he can sue in small claims court for the value of the items. It does not appear however that your husband has any proof that this individual took the paint brushes. A suspicion that this employee may have taken them because they will be useful in his new job won't cut it.

Your husband is certainly free to fire this employee if he suspects he stole the brushes. There's no sense allowing the employee to continue to have access to company equipment.