Legal Question in Employment Law in Florida
Final Paycheck
I am withholding my employee's final check due to him possessing a key to my store. Can I legally keep his paycheck until he returns my property (store key)? Also, I have rekeyed the locks at the store so he cannot enter the premises. Can I apply his paycheck to the cost of rekeying the doors?
Finally, the employee has called numerous times threatening me with bodily harm if I do not give him his paycheck. What resources are available to put a stop to this?
1 Answer from Attorneys
Re: Final Paycheck
It probably is best legally and practically speaking to just release his final paycheck . . . it doesn't seem worth potentially getting sued for a minimum wage violation that would result from not paying his final wages. As to the ability to "recoup" the monies incurred in the lock change, at best, its arguable based on the facts provided but again seemingly not worth the $$ you'll have to spend in attys fees if you should be sued. For further assistance, please feel free to contact me.
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