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Ray
Ray, Employment lawyer
Category: Employment Law
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Experience:  30 years in Employment law
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What are the laws concerning an employee that has been let

Customer Question

what are the laws concerning an employee that has been let go and has company property can his or her check be held till the equipment is returned? If that employee has signed a non compete document in the state he was hired Louisiana an works in Ohio doe the document hold up
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. What are the laws concerning an employee that has been let go and has company property can his or her check be held till the equipment is returned? No, an employer cannot withhold an employee’s paycheck until equipment is returned. On a federal level, the FLSA mandates that wages are due on the next regular payday for the covered pay period, and several states that have clear provisions when an employee must receive payment upon termination. Neither of these allows for any exceptions related to unreturned equipment, therefore pay cannot be withheld past these requirements. - See more at: https://www.shrm.org/templatestools/hrqa/pages/returnequipment.aspx#sthash.dkocqZur.dpuf This applies to Louisiana specifically.If the employee signed agreement to have equipment deducted from pay if unreturned that is enforceable. If that employee has signed a non compete document in the state he was hired Louisiana an works in Ohio doe the document hold up It might here.If you are a distributor nationally here or a product or service and the business is a direct competitor it may well be enforceable.You can certainly negotiate this and force return of equipment as a condition. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
Louisiana law does not favor noncompetes here https://www.bestlawyers.com/Downloads/Articles/52617.pdf
Expert:  Ray replied 1 year ago.
http://www.martindale.com/labor-employment-law/article_Breazeale-Sachse-Wilson-LLP_2093292.htm

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