Wage Claims

questions & answers

Question: An employee has quit working for me and has equipment belonging to me. The employee has been paid through his last day worked but demands additional money before he will return my equipment. Is this legal?

Answer: The Arizona Revised Statutes (A.R.S.), Section 23-353 states that an employer has a duty to pay an employee that has quit all wages due by the regular pay day during the pay period when the employee quit.  Title 23, Arizona’s labor statute, makes no provisions to allow an employee to keep his former employer’s equipment for further payment. An employee has two options when they have a claim for unpaid wages. A.R.S. § 23-355 allows an employee to sue for triple the amount of unpaid wages in civil court, or, if the amount of disputed wages is under $2,500, A.R.S. § 23-356 allows the employee to make a written complaint and request for help to the Industrial Commission of Arizona.  If the employee still won’t give the equipment up, you may want to speak with an attorney about what other options you have. For information on legal aid available in your area, click here.