Q&A with The Workplace Advisors – February 2025
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Question: We issue employees valuable equipment including cell phones and laptops to perform their job duties. Employees also have access to valuable information such as client files. What actions can we take to ensure we get it all back?
Answer: Your options will vary depending on where you are located and what policies and practices you have in place.
You should have policies outlining that these items and information remain company property and must be returned at termination or upon request. If required, they may be subject to legal recourse to recoup the equipment or replacement costs and that this may include wage deductions if allowed by federal, state, and local laws, of which there are many restricting such deductions.
When you issue valuable property, you should have the employee complete an acknowledgement form outlining policies, usage and return expectations, and legal action options. The form should also include a detailed chart outlining the cost of each item as well as the employee's initials and date upon receipt. This form will be required to defend a claim of improper wage deductions or if you need to take legal action such as filing a police report or a claim in civil court.
You should also have strong policies covering confidential information and the prohibited and permitted uses of that information during and after employment. These policies should state that all information and files must be returned and/or deleted from any electronic device if kept electronically.
Establishing a solid structure of policies, practices, and forms will help you protect your company's valuable assets
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