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.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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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.