How long am I supposed to keep an employer’s office materials after I quit

I have tried to schedule a pick up
time 4X since January. She has
refused to confirm a time and
place she also owes me a paycheck
from October of 2015

Asked on May 14, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and fast law on how long you have to keep them. A common way to proceed is to send her a letter, sent some way or ways you can prove delivery, such as certified mail or FedEx with tracking, reiterating briefly what you have and your attempts to have her pick it up, then stating that if she does not have the materials retrieved within, say, 30 days, you will treat them as abandoned and disposes of them however you wish. If she doesn't get them after that, sell them, throw them out, etc.
As to the paycheck: contact the state labor department and let them know about this--they can sometimes help employees get missing paychecks. If they can't or won't help you, sue for the check in small claims court, acting as your own attorney ("pro se") to save on legal fees. If the business is an LLC or corporation, sue the business; if it's not, sue the owner(s) personally.

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