Is it legal for an employer to keep a uniform deposit even though you return all uniforms on last day of employment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an employer to keep a uniform deposit even though you return all uniforms on last day of employment?
A co-worker that quit working for the company I do said the never got a $400 uniform deposit back. I thought that it’s state law in CA that on last day of employment, any deposits taken for uniforms must be paid back on final check if uniform are all returned.
Asked on April 14, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, a uniform deposit must be returned. That is not just labor law but also basic contract law: there was an agreement (even if unwritten) between employer and employee that the employee would be issued a uniform if he/she provided the deposit and also that the deposit would be returned if the uniform were returned in good shape. If the uniform were brought back in good shape and the deposit not returned, that is a breach of that agreement and the employee could sue in small claims for the money, if he/she wanted.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.