Can we withhold an employee’s paycheck until he returns company property? He had volunteered to store some extra supplies at his home, but is now not returning our calls.

Answer:

No. Withholding or delaying an employee’s paycheck would violate wage and hour laws. You could attempt to retrieve the items yourself by going to the employee’s home and asking for them in person. If that fails, you might consider asking your attorney to write a demand letter or taking the employee to small claims court. In regards to final paycheck here’s a quick cheat sheet for when they should be receiving their last paycheck:

• If the employee is being terminated = Final checks must be given to employees on the next scheduled payday or no later than 15 days following the date of discharge, whichever occurs first.
• If the employee is resigning = Final paycheck must be given to employees on or before next payday for the pay cycle which the employee was working at the time of separation or no later than 15 days following resignation, whichever occurs first.

In any case, I recommend documenting the situation, all attempts you made to contact the employee, and the end result.