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All hope not lost when attempting to secure return of company property

April 2022 employment law letter
Authors: 
Leslie A. Sammon, Axley Attorneys

Securing the return of company property from departing employees isn’t a new issue for employers, but the increase in remote work since 2020 (sometimes involving long distances) may present additional challenges. Companies that have equipped their remote workers with computers, laptops, scanners, monitors, printers, phones, or other office equipment may face significant loss if workers fail to return them upon separating from their employment. What can companies do to ensure the return of their property?

Be proactive

Start by educating employees about the expectations concerning return of company property at the time you issue it. Include language in handbooks, employment and remote work policies, employment contracts, and nondisclosure agreements that clearly states company property (including confidential and proprietary information stored on company property) must be returned upon termination of employment or at any other time upon request by the company.

Remind employees of their obligations at the time of termination. Issue a notice listing the items that must be returned with a date when the company property is expected to be returned. Make it as easy as possible for employees to return the property. If items will need to be shipped, provide instructions on how to properly ship the items and where to ship them. Consider providing a prepaid and prelabeled box the employee can use to drop off the property at the nearest shipping company or having an employee or delivery service pick up larger or more valuable equipment.

Be mindful of making deductions from paychecks

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