Is it theft when a supervisor asks for uniforms to be returned but the employee never returns them?
Question Details: I was hired to work boss sends supervisor and I to get 4 pairs of fire resistant pants and 1 pair of work boots for the job that required special clothing and for safety. I was given a form to sign stating that the items purchased be employer were to be deducted from employees paycheck. I quit the job and turned in all items issued by company. My supervisor asked for me to return all pants that were still new and would be not be taken out my last paycheck. I gave 2 new pair but was still charged for them.
Your question is somewhat unclear, since it initially states that the employee never turned in the uniforms, but then states that the employee turned pairs in but was still charged for them. If the following does not answer the question, you should clarify and repost.
1) If an employee keeps uniforms he paid for and was not reimbursed for, that is legal: in this case, since the company never paid for them, they belong to the employee.
2) If an employee keeps any uniforms or parts of uniforms that the company paid for (or reimbursed him for) that is theft: he is taking something belonging to the company. He can be charged with theft; the employee can also be charged for what he did not turn in, though the employer cannot simply keep part or all of his paycheck unless he agrees to let the company do it: rather, the company would have to sue him for the money (the cost of the uniforms) if it felt it worthwhile to do so.