Legal Question in Construction Law in California

No. In fact by not paying him his last paycheck on his last day, you are subject to a penalty of a day's pay for every day you have been holding it already, up to 30 days. No exceptions, no excuses. You can call the cops, you can sue him, but you can't hold his check.

You run the risk of your employee making a wage and hour claim or taking other action. You should pay, and have me or another attorney send a letter letting him know what will happen if he does not return the equipment. Hopefully he will comply if the request is put eloquently.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

IF return of all company-owned equipment was clearly a precondition of the employer's liability for the final pay, perhaps. If avoidance of hassles with the government is of more importance than pursuing an employment-law theoretical principle, pay him, then sue.