Provided by:  Jennifer Kirschenbaum, Esq.
October 16, 2024
 

Question:
 
Jennifer,

I fired an employee and I would like the laptop we issued to her back.  I’m having trouble reaching her now.  What can I do? 

Appreciate your advice. 

Dr. H

Answer:

First, it is important we confirm the employee is aware the laptop is, in fact, company property and was not given to the employee as consideration for the role. Can we show the laptop is owned by the company and was issued for company work with the expectation of return? If yes, we move on to our second question. Was a clear demand in writing made for return of the company property (the laptop)?  If not, let’s demand the laptop be returned in writing.  Make the return easy (as comfortable as possible and as at a low cost to employee) for the employee (after all, this person no longer is on your payroll). Have a neutral company representative available to retrieve or receive the laptop.  

Should the employee refuse to return by refusing to engage with you, it may be time to explain to the employee that the laptop is company property. Failure to return company property, or, to rephrase, misappropriation of company property, is theft.  Your next step is to make a police report. Take advantage of your taxes at work. Most humans, once they understand you will be forced to involve the police, and their conduct will have further implications past silent revolt against a former employer, will cooperate.  Some still will not and you will need the assistance collecting.  

Hopefully the laptop is HIPAA compliant and may be disabled or wiped remotely to ensure no misuse of protected health information….




 
Have a question for Jennifer?  Email is best.  You can reach her at Jennifer@Kirschenbaumesq.com.