Question

  06/10/13, 8:08 am
my Daughter quit her job as a bartender at a local bar, they were holding her last 2 checks until she returned them their key. She received a text from the manager yesterday saying she used her last 2 checks to have the locks re-keyed. can she legally do that? ( it has only been 3 weeks and she never received a message stating that was their intentions).
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United States   |   Louisiana  |  Employment Law
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Answer

Donald Hyatt Says:

Sep 06,2013 10:08 AM

Under Louisiana law the employer can withhold the final paycheck so long as employer property is not returned to the employer. Additionally, an employer may deduct compensation where the willful or negligent acts of the employee cause damage to the employer's property, but only up to the amount of the compensation otherwise owed. The statute contains no obligation to provide notice to the employee before claiming the deduction. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.


Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/

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