Question: Can I hold a final paycheck until company property is returned?

It is unlawful to hold any part of a final paycheck in both Missouri and Kansas in most cases. If your employee worked in a state other than Missouri or Kansas check that state’s regs (as well as local regs).

I have many clients who claim that they will deduct monies from final paychecks for things such as cell phones, paid tuition reimbursement under certain circumstances, paid training, etc. However, an employer is not permitted to make these deductions from the final paycheck.

If as an employer, you believe that an employee owes you money for broken or unreturned equipment or any other reason; you must file a claim through the courts to have this money paid.

In addition, laws regulate when a final paycheck must be given to the employee. Here they are for Kansas & Missouri.

Kansas
If employee is fired: next scheduled payday.
If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)

Missouri
If employee is fired: immediately. (Mo. Ann. Stat. § 290.110.)