Effective May 15, West Virginia will give employers the right to recover “unreturned employer-provided property” through wage deductions under certain conditions.

The employee needs to have failed to return the property within the agreed-upon time as stated in a written agreement, which needs to contain specific information.

If the employer decides to deduct wages, he or she must give the employee a written notice upon being fired or resigning as to the replacement cost of the unreturned property. The notice needs to give the employee the option to return the property within 10 business days.

If the property is returned within the deadline in reasonable condition, then the employer must give the employee his or her wages. Additionally, the employer may only “withhold, deduct or divert” wages up to the replacement cost of the unreturned property.

Find the complete rules and exceptions here.