Effective May 15, 2018 employers in West Virginia can withhold the replacement cost of unreturned property from an employee final pay.
There are a few stipulations that must be considered:
- Must notify the employee of the property cost withholding by personal service or certified mail at the end of employment
- Employees should have signed an agreement when the property was received that it would be returned and that they understand if not returned replacement costs may be withheld from their final pay should they leave the employment of the company
- Property costs that would be withheld are those of $100 or more. Note: replacement tools are deemed the property of the employee and may not be withheld
- If an employee returns property after the costs have been withheld it is the duty to refund these amounts
- If an employee indicates in writing they do not want the replacement cost withheld from their pay, the money should be put into an interest-bearing escrow account in the event of a civil suit action.
For details from the West Virginia Legislature House Bill 2546 http://www.wvlegislature.gov/Bill_Text_HTML/2018_SESSIONS/RS/bills/HB2546%20SUB%20ENR.pdf