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    John Hays's Avatar
    John Hays Posts: 1, Reputation: 1
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    #1

    Mar 9, 2016, 07:18 PM
    Employer holding paycheck.
    I used to work for a company contracted with the airport. I had lost my badge, that gave me access on the tarmac. After quitting my job, the employer will not give me my paycheck until I return my badge. I went to the airport security office to see what can be done. As a result, my badge is expired. No longer working for the company, the airport cannot issue a badge. My employer still insists he wants the badge before I can receive my check. I have a family, and I need the paycheck soon. What can I do?
    J_9's Avatar
    J_9 Posts: 40,278, Reputation: 5644
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    #2

    Mar 9, 2016, 09:00 PM
    Did you report the badge lost immediately? Unfortunately, it is quite possible that you lost your check as well. Check your employee handbook, but due to increased security at airports it is not unheard of to hold the final paycheck until all identification has been returned intact.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #3

    Mar 9, 2016, 10:01 PM
    Security items for high risk areas, have a cost to replace. They can not hold the last check, but they can charge you for the loss of the badge.

    I remember it was about 500 USD for my police badge if I lost it. When I was a officer.

    So if they will not give it to you, sue them in small claims court. They will then counter sue for the cost of the badge and cost of the security issues associated with it.
    J_9's Avatar
    J_9 Posts: 40,278, Reputation: 5644
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    #4

    Mar 9, 2016, 10:34 PM
    Due to increased security with recent terroristic acts and threats globally, they can withhold the paycheck until the identification us returned. They cannot REFUSE to give you your check, but they can HOLD it until all identification has been returned to the company.

    It will all be spelled out in the employee handbook.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #5

    Mar 10, 2016, 05:40 AM
    You have to know the penalty for a lost badge, from a handbook. Is it more or less than your last paycheck?
    Unfortunately your writing style here suggests a total lack of concern for the risks of losing a badge and reporting it. You sound like you just quit instead? That makes it sound like you either don't care, or you sold it.
    talaniman's Avatar
    talaniman Posts: 54,107, Reputation: 10852
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    #6

    Mar 10, 2016, 06:11 AM
    Likely there is very little you can do until the company process for such situations plays itself out, so maybe finding out what that process is can help. Others have suggested checking your company handbook and that's a good idea, as well as simply asking a former supervisor, or resource officer what the policy is. Or consult with your local EEOC office for information and clarity.

    Seldom do companies do things to satisfy an ex employee's needs and concerns over their own policies and security. All you can do is try to get more information, and act accordingly.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #7

    Mar 10, 2016, 06:40 AM
    Having been trough a number of security background checks in the past.. they can have a significant cost to the employer (several of mine cost far more than I paid for my house). Even low level ones. There is usually an implied expectation you would remain there during most if not all of that period. If they terminated you... its their choice to bear that cost, if you up and quit very little time later you end up costing them a significant amount of money. As was mentioned, you have to refer back to the Employee handbook as to the policies in such a case. Many companies have a similar policy when it comes to reimbursed education benefits. And those they can go after as they do usually far exceed a single paycheck in value.

    And lost ID's such as yours may seem insignificant to you. But they provide a means for the bad crowd to alter this one and/or forge new ones because how often does anyone look extremely close at it? It gives them a perfect template to make very convincing copies. They have value far beyond the simple electronic lock function that can easily be disabled from the system.

    And after a certain percentage are lost or misplaced...they have to implement a new system for security reasons. More significant expense.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Mar 10, 2016, 06:51 AM
    US Federal law requires that you be paid for the time you work. US Federal law also does not allow employer to deduct anything but tax withholdings without written consent.

    So your employer has no right to withhold the paycheck (assuming you are in the US). However, they can have you come in to pick it up. They can ask you to pay for the lost badge. I would contact your local Dept of Labor to get your check.

    I do have to say that you may have an employment contract or there is an employee handbook that does give them some rights over federal law.

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